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Australian Consumer Law Update and Patents & Trade Marks Master Class

Thu Feb 18 2016

The Commercial Law Association is running a lunchtime seminar and a halfday master class at the NSW State Library during March.

Keeping up-to-date with Competition and Consumer Law

Lunchtime seminar. 12.45-2.00pm, Friday, 18 March

Speaker: Russell Miller AM, Minter Ellison

Competition and consumer law — always a dynamic area — recorded one of its busiest 12 months during 2015 with over 50 new court decisions, legislation extending the unfair contract terms provisions and major amendments recommended by the Harper Review. This session reviews the important developments that busy practitioners need to know about to keep up-to-date in this important area.

Patents & Trade Marks

Halfday master class. 1.30-4.30pm, Tuesday, 29 March

Speakers: The Hon Justice Jayne Jagot, Cynthia Cochrane, Thor North, Kim O’Connell

  • Patent infringement — ‘purposive’ claim construction, essential and inessential integers and infringing the ‘substantial idea’ of the invention.

  • Patent validity — ‘law of enabling disclosure’ in the UK. Does it form part of the law of novelty under the Patents Act 1990 (Cth)?

  • Trade mark infringement — Parallel importing and exporting of genuine products — availability of the s123 defence, the meaning of ‘authorised user’ and the ss145, 146 and 148 offences.

  • Patent validity — are computer-implemented business methods patentable? For more information and to register visit www.cla.org.au

Bar Book Club meeting in March

Thu Feb 18 2016

In defiance of Mr Ash’s repeated requests to discuss Germaine Greer’s The Female Eunuch, and Mr Selth’s interjection in proceedings in support of an Australian history selection, the Bar Book Club was in Oscar mode and resolved to read a book-turned-movie nominated for Best Picture in 2016.

The book for next month’s meeting is Brooklyn by Colm Toibin. The NYT Review of Brooklyn can be read here. The movie can be viewed at your local cinema.

The next meeting will be held in the library on Wednesday, 23 March 2016 at 6.00pm. Apologies for slight change of date but we had a clash with the knitters.

Ignite Your Spirit Meditation for lawyers 5 week course

Wed Feb 17 2016

Presented by: Chamundai (Jackie Curran) Lawyer, business owner, spiritual teacher and healer

NSW Bar Association Conference Room 3 4.30pm – 5.45pm starting Friday, 19 February 2016

  • Week 1 – Friday 19th February
  • Week 2 – Friday 26th February
  • Week 3 – Friday 4th March
  • Week 4 – Friday 11th March
  • Week 5 – Friday 18th March

More information here

Volunteers sought for pro bono schemes in 2016: a message from the president

Wed Feb 17 2016

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 2016 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 Circuit 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: administrative law, bankruptcy, human rights, consumer matters, privacy, migration, intellectual property, industrial law and admiralty law.

Part 12 of the Federal Circuit 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.

Noel Hutley SC
President

CPD: Challenging expert forensic evidence - what lawyers should do?

Wed Feb 17 2016

Wednesday, 24 February at 5.15pm,

Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, Sydney

Presented by professor Gary Edmond, Chair Stephen Odgers SC.

Gary Edmond is a Professor, Australian Research Council Future Fellow, and Director, Expertise, Evidence & Law Program, School of Law, at the University of New South Wales. He has published extensively on expert evidence in general, and the problems with forensic evidence in particular.
Stephen Odgers SC is Chair of the Criminal Law Committee.

The seminar will provide you 1.5 CPD Points in Substantive Law, Practice and Procedure, and Evidence

One for the diary: The 2016 London International Commercial Law Conference

Wed Feb 17 2016

The 2016 London International Commercial Law Conference (London 2016 ICLC) is a joint undertaking of the Commercial Bar Association of Victoria (CommBar) and the Commercial Bar Association of England and Wales (Combar) and will be convened at London’s Inner Temple on 29 and 30 June 2016. The conference will bring together commercial dispute resolution lawyers from Australia, the United Kingdom and Asia. For more information and to register click here.

Upcoming CPD Seminars February - March 2016

Wed Feb 17 2016

To assist members in completing their CPD requirements before the 31 March cut-off date, a number of seminars and conferences have been organised. As the Bar Practice Exams are taking place this month, the below seminars will be held in the Common Room during February.

In March there will be at least 3 seminars every week from 5.15pm to 6.45pm. One CPD point is earned for each completed hour of engagement in a CPD activity.

A full CPD program will be soon available.

CPD seminars can also be viewed on line http://cpd-streaming.nswbar.asn.au/login, if you need assistance with your login details, please contact us at: cpd@nswbar.asn.au.

These are the upcoming Seminars:

  • Wednesday, 24 February at 5.15pm, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, Sydney NSW 2000, Criminal Law Committee CPD - Challenging expert forensic evidence – what lawyers should do. Presented by professor Gary Edmond, Chair Stephen Odgers SC.

  • Monday, 29 February at 5.15pm, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, The Bar Council has established a working party to formulate the Bar Association’s response to the Law Council report, Percentage Based Contingency Fee Agreements. The working party wishes to engage with members and seek their views on the matters raised in the report. This session, hosted by members of the Working Party, will outline the Law Council’s draft proposal and canvass possible responses from the Association. The forum will provide members with an opportunity to put forward their views on this important issue.

  • Tuesday 1 March at 5.15pm, NSW Bar Association Common Room, Life Balance Seminar. When your life is out of balance it can all seem too hard. You always feel rushed, there is never enough quality time for yourself or your family, your sleep suffers, you feel unwell and you end up exhausted. In this module we work on life harmony so you can find amazing energy by getting healthy, developing laser like focus to make optimal use of time, by relaxing and learning to let go of memories and habits that no longer serve you. Presented by Ian Hawkins.

  • Thursday 3 March at 5.15pm, NSW Bar Association Common Room, The Reader/Tutor Guidelines – Some received wisdom and new developments. Presented by Robert Hollo SC.

Contingency Fees Working Party - request for members input

Tue Feb 16 2016

The Bar Council has established a working party to formulate the Bar Association’s response to the Law Council report, Percentage Based Contingency Fee Agreements. The working party wishes to engage with members and seek their views on the matters raised in the report. Any members who wish to provide input should send their comments to amcconnachie@nswbar.asn.au by Friday, 19 February.

The working party will also be holding a forum for interested members on 29 February 2016 at 5.15pm. Details of the forum are available on the Bar Association's website.

LCA concerns over Counter-Terrorism Bill 2015

Tue Feb 16 2016

The president-elect of the Law Council, Fiona McLeod SC, has expressed concern about a number of provisions in the Counter-Terrorism Bill 2015, despite significant changes to the legislation proposed by the Parliamentary Joint Committee on Intelligence and Security. Of particular concern were a proposed system of special advocates and the issuing of preventative detention orders (PDOs).

"PDOs are a form of imprisonment without charge, trial or conviction, which has always been justified on the basis of an imminent threat to public safety," Ms McLeod said. View the media release here.

Access to civil claims for survivors of child abuse

Tue Feb 16 2016

The NSW Government has announced it will legislate to remove the limitation period in civil claims to let survivors of child abuse claim for damages, regardless of the date of the alleged abuse. View Attorney General Upton's media release here.

Upcoming CPD Seminars February - March 2016

Mon Feb 15 2016

To assist members in completing their CPD requirements before the 31 March cut-off date, a number of seminars and conferences have been organised. As the Bar Practice Exams are taking place this month, the below seminars will be held in the Common Room during February.

In March there will be at least 3 seminars every week from 5.15pm to 6.45pm. One CPD point is earned for each completed hour of engagement in a CPD activity.

A full CPD program will be soon available.

CPD seminars can also be viewed on line http://cpd-streaming.nswbar.asn.au/login, if you need assistance with your login details, please contact us at: cpd@nswbar.asn.au.

These are the upcoming Seminars:

  • Wednesday, 24 February at 5.15pm, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, Sydney NSW 2000, Criminal Law Committee CPD - Challenging expert forensic evidence – what lawyers should do. Presented by professor Gary Edmond, Chair Stephen Odgers SC.

  • Monday, 29 February at 5.15pm, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, The Bar Council has established a working party to formulate the Bar Association’s response to the Law Council report, Percentage Based Contingency Fee Agreements. The working party wishes to engage with members and seek their views on the matters raised in the report. This session, hosted by members of the Working Party, will outline the Law Council’s draft proposal and canvass possible responses from the Association. The forum will provide members with an opportunity to put forward their views on this important issue.

  • Tuesday 1 March at 5.15pm, NSW Bar Association Common Room, Life Balance Seminar. When your life is out of balance it can all seem too hard. You always feel rushed, there is never enough quality time for yourself or your family, your sleep suffers, you feel unwell and you end up exhausted. In this module we work on life harmony so you can find amazing energy by getting healthy, developing laser like focus to make optimal use of time, by relaxing and learning to let go of memories and habits that no longer serve you. Presented by Ian Hawkins.

  • Thursday 3 March at 5.15pm, NSW Bar Association Common Room, The Reader/Tutor Guidelines – Some received wisdom and new developments. Presented by Robert Hollo SC.

Find a Barrister photos and ID cards for regional barristers

Mon Feb 15 2016

Barristers outside the Sydney CBD who wish to have their photo on Find a Barrister or their identification card may use a portrait taken by a photographer for chambers or other professional purposes. Simply send it via email, in jpeg format, to reception@nswbar.asn.au Do not wear wigs, gowns or jabots. For more information, please contact reception:(02) 9232 4055 or email.

Launch of the United Nations iLibrary

Mon Feb 15 2016

United Nations Publications is pleased to announce the launch of the United Nations iLibrary, the first comprehensive global search, discovery, and dissemination platform for digital content created by the United Nations.

The United Nations iLibrary provides librarians, information specialists, scholars, policy makers and the general public with a single point of access to all materials published by the United Nations Secretariat, and its funds and programs.

To begin with, United Nations iLibrary includes publications, journals and series comprising facts and expertise on international peace and security, human rights, economic and social development, climate change, international law, governance, public health, and statistics. In future releases, the platform will also provide access to other resources such as working papers series and statistical databases.

Cocktail Launch of WLANSW 2016 Program

Mon Feb 15 2016

Members are invited to the Cocktail Launch of the Women Lawyers Association of NSW 2016 Program on Thursday, 25 February 2016, 6.00-8.00pm at the Union, University and Schools Club, 25 Bent Street, Sydney. The guest speaker will be Katie Malyon, award-winning immigration lawyer and Member of the Administrative Appeals Tribunal. The event is free, but bookings are essential. Register online by 22 February to reserve your place. For further enquiries, contact executive@womenlawyersnsw.org.au

Coming up this week: the Orange CPD Conference, 20-21 February 2016

Mon Feb 15 2016

The 2016 CPD Conference in Orange will be held at the Ex Services Club. Full attendance at this conference will attract 10 CPD points, and will cover the four strands required for the practising certificate year.

The Conference will run from 9:00am - 4:40pm on Saturday, 20 February and 9:00am to 1:00pm on Sunday, 21 February. There will be a sit-down lunch in the restaurant on the Saturday. On Saturday there will be a conference dinner at the Tonic Restaurant Millthorpe, corner Pym & Victoria Streets, Millthorpe. Dinner is $120 per person and includes dinner and drinks.

Speakers

  • Noel Hutley SC, President and Philip Selth OAM, Executive Director
  • The Hon Justice A Ainslie-Wallace
  • His Honour Judge G Lerve
  • Edward Muston SC
  • Grant Brady SC
  • Ian Nash
  • Michelle Castle

The workshop on Sunday is organised by the Australian Advocacy Institute and will be conducted by:

  • The Hon. Justice Ainslie-Wallace
  • Carolyn Davenport SC
  • Craig Smith SC
  • Grant Brady SC

For the full program for Orange, please click [here]

FEES

  • NSW Barrister (holds a PC in NSW) AUD $ 230.00 - Discounted Price AUD $ 200.00 (If Registered by Friday, February 12, 2016)
  • Solicitors & non-NSW Barristers AUD $ 280.00 - Discounted Price AUD $ 250.00 (If Registered by Friday, February 12, 2016)

For more information about fees and accommodation, please click [here]

To secure a spot, please register [here]

Proposed Standard Orders for Hearings

Fri Feb 12 2016

The District Court of NSW has published its Proposed Standard Orders for Hearings, regarding medical and expert reports, concurrent evidence, schedules of damages and issues, as well as adjournments.

The Bar Association's Common Law Committee is interested in monitoring the operation of the new orders, particularly in respect of cost and delays in District Court civil matters. Members with comments should contact the deputy executive director, Alastair McConnachie. Learn more

LCA welcomes appointment of Kate Jenkins

Fri Feb 12 2016

Stuart Clark AM, president of the Law Council of Australia, has welcomed the appointment of Kate Jenkins as the new sex discrimination commissioner. View the Law Council's media release here.

SurfAid Breakfast with the Stars

Fri Feb 12 2016

Members are invited to the Australasian Lawyers Surfing Association's SurfAid Breakfast with the Stars on 25 February 2016 at 7.30am. The special guest is Peruvian big wave surfer and second world champion, Felipe Pomar. The breakfast will be held at Hudson, L19, 20 Bond Street. Learn more here.

Newcastle CPD Conference, 27 February 2016 - Deadline Early Bird Registrations: Friday 19 February

Fri Feb 12 2016

The 2016 CPD Conference in Newcastle will be held at the Novotel in Newcastle Beach on Saturday 27 February from 9 to 5pm.

Speakers

  • Ms J Lonergan SC and Philip Selth OAM, Executive Director
  • Ian Davidson SC
  • Anthony Payne SC
  • Mark Walsh SC
  • Warwick Tregilgas
  • Gabriel Wendler
  • Kellie Edwards
  • Caroline Dobraszczyk
  • Professor Aidan Foy

For the full program for Newcastle, please click [here].

FEES

  • NSW Barrister (holds a PC in NSW) AUD $ 230.00 - Discounted Price AUD $ 200.00 (If Registered by Friday, February 19, 2016)
  • Solicitors & non-NSW Barristers AUD $ 280.00 - Discounted Price AUD $ 250.00 (If Registered by Friday, February 19, 2016)

For more information about fees and accommodation, please click [here]

To secure a spot, please register [here]

Call for information

Thu Feb 11 2016

The author of a biography about Sir Victor Windeyer has asked InBrief for help with a matter of history. When was Oxford Chambers, at 184 Phillip Street, demolished? Sir Victor Windeyer was in Oxford Chambers until its demolition. He then moved to Denman Chambers until his appointment to the High Court of Australia. If you think you can help, please email: inbrief@nswbar.asn.au