Federal Court of Australia – Class Actions Practice Note Consultation Process

Thu Feb 11 2016

A key component of the Federal Court’s implementation of the National Court Framework (NCF) is the review of the Court’s practice documents to ensure nationally consistent and simplified practice.

The draft Class Actions Practice Note has now been developed and the Court is seeking feedback from the profession in relation to the content of this practice note before it is issued.

For a copy of the draft Class Actions Practice note and more information on the consultation process, please visit the Court’s website

The Bar Association will be providing comments to the Federal Court regarding the draft Practice Note. Any members who wish to contribute should send any comments to the Association's Deputy Executive Director Alastair McConnachie by 15 February.

Access to pensions and the appointment of federal judges

Thu Feb 11 2016

The president of the Law Council of Australia, Stuart Clark AM, has called on the federal government to investigate whether judicial pensions for federal appointees who do not currently have access to them would make the retention and recruitment of federal judges easier. Read the media statement here.

Retirement ceremony for the Hon Justice Bennett

Thu Feb 11 2016

The Federal Court of Australia will hold a ceremonial sitting in Sydney on Monday, 14 March 2016 to mark the retirement, on 23 March 2016, of the Hon Justice Annabelle Bennett. The sitting will be held at 9.30 am on Monday, 14 March 2016 in court 1, Level 21, Federal court of Australia, Law courts Building, Queens Square. Barristers should wear gowns but not wigs. President Noel Hutley SC will speak on behalf of the New South Wales and Australian bar associations.

Changes to conditions of entry to courthouses

Thu Feb 11 2016

The Office of the Sheriff has advised the Bar Association that effective Monday, 22 February 2016 all persons entering the court premises are to separate all electronic devices (laptops, tablet devices, mobile phones) and place them separately in trays for security screening.

Book launch: Adjudication on the Gold Fields

Thu Feb 11 2016

Members are invited to the launch of the Hon JP Hamilton QC's book, Adjudication on the Gold Fields. It will be launched by Chief Justice TF Bathurst AC in the Banco Court on 8 March 2016 at 5.30pm. Learn more here.

Contingency Fees Working Party - request for members input

Thu Feb 11 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 by Friday, 19 February.

The working party will also be holding a forum for interested members later in the month. Details of the forum will be published in In Brief in the near future.

First Bar Book Club meeting for 2016

Thu Feb 11 2016

The first meeting of the Book Club is on Tuesday, 16 February 2016 at 6pm. We shall be discussing H is for Hawk by Helen MacDonald. The book won the Samuel Johnson prize for non-fiction in 2014. Light refreshments will be served. All welcome.

Bar Council business for October - November 2015

Wed Feb 10 2016

Bar Council met on 22 October and 19 November 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 22 October and 19 November.

Opening of the Newcastle Courthouse

Wed Feb 10 2016

Chief Justice Tom Bathurst AC, Attorney General Gabrielle Upton MP and Gary Fox, president of the Newcastle Law Society will be guest speakers at the opening of Newcastle Courthouse at 343 Hunter Street, Newcastle, on 15 February 2016 at 11.00am. Peter Cummings SC will be present on behalf of the New South Wales Bar.

2016 Cross Examination Workshop: registrations are closing today

Wed Feb 10 2016

The New Barristers’ Committee is conducting another workshop for juniors to further hone their advocacy skills. This year’s (free) cross-examination workshop will be held in February-March 2016. The workshop is designed to develop advocacy skills generally and is relevant to both civil and criminal practitioners. It is being provided solely for junior practitioners, i.e. barristers with less than six years experience at the NSW Bar.

For further information and registration, please download the flyer [here]

To Register your interest, please send an email to: cpd by the end of today.

The Orange CPD Conference, 20-21 February 2016, Deadline Early Bird registrations: 12 February

Tue Feb 09 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.


  • 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 The workshop is currently full, if you wish to be added to the a waiting list, please contact us at For the full program for Orange, please click [here]


  • 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]

New office bearers of the ABA

Tue Feb 09 2016

Patrick O'Sullivan QC, from the South Australian Bar, has been elected president of the Australian Bar Association. Other office bearers are: Vice President Wil Alstergren QC (Victorian Bar); Treasurer Bruce McTaggart SC (Tasmanian Bar).

Upcoming CLA halfday seminars: Patents & Trade Marks and ADR

Tue Feb 09 2016

Promoted by the Commercial Law Association

1.30-4.30pm, 29 March 2016 Patents & Trade Marks

Speakers: The Hon Justice Jayne Jagot, Cynthia Cochrane, Jeremy Dobbin, 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?

1.30-4.30pm, Friday, 4 March How to make ADR work for you and your clients Speakers: Francis Douglas QC, Robert Angyal SC, Hon Dr Kevin Lindgren AM QC FAAL, David Fairlie (Chair) • The Commercial Arbitration Acts 2010 and the International Arbitration Act 1974 (Cth) as amended in 2010. The way forward. • Tips for drafting effective settlement documents: binding/not binding. Dealing with revenue consequences. Achieving mutual releases without drafting till midnight. • What should lawyers do and not do to help the mediator improve settlement prospects? For more information and to register visit

Invitation to the National Commercial Law Seminar Series on 8 March

Tue Feb 09 2016

On Tuesday, 8 March 2016 Monash University's Centre for Commercial Law and Regulatory Studies will host the National Commercial Law Seminar Series Intellectual Property Update: D'Arcy v Myriad and its implications for patent law. Members in Sydney can view the address broadcast at 5.15pm local time in the Federal Court, Courtroom 18D, Queen's Square.

2016 Personal Injury/Common Law Conference - The Program will be soon available

Tue Feb 09 2016

Registrations are now open for the 2016 Personal Injury and Common Law Conference which will be held at the Hilton Sydney on Saturday 5 March. The conference runs from 9:00am to 3.00pm. Morning tea and a stand-up buffet lunch will be provided.

For more details about the conference and the costs involved please click [here].

The conference offers 5 CPD points.

Registrations are open to NSW barristers that currently hold a practising certificate and places in the conference are strictly limited.

To register and pay to secure your place please click [here]

For more details about the conference program please click [here]. A detailed program will be soon advertised in In Brief as well as on the NSW Bar Association Website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department (9229 4055 or

Program for the Newcastle CPD Conference, 27 February 2016

Mon Feb 08 2016

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


  • Ms J Lonergan SC and Philip Selth OAM, Executive Director
  • The Honourable Dr Gregory James AM QC
  • 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].


  • 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]

Retirement of police prosecutors - members invited

Mon Feb 08 2016

NSW Police Prosecutions Command will hold a dinner to mark the retirement of six long-serving senior police prosecutors: Geoff Bates; Tony Russo; Neville Glover; Steve Turner; Chris Toole; and Chris McGoldrick. Members of the Bar Association are most welcome to attend.

The dinner will be held on Saturday, 7 May 2016 in The Star Room, above the Imax, Darling Harbour, from 7.00pm - 11.30pm. The cost is $110 for a three course dinner, four hour beverage package and a small gift for the retirees. The location is spectacular it overlooks Darling Harbour. A maximum of 200 guests can attend.

RSVP: As soon as possible by paying a $55 deposit and emailing or you must contact Belinda or Ken to book and get the payment details.

Successful Speakers Series - Lessons in Resilience and Courage: The Road to Achieving Success and Fulfilment’

Mon Feb 08 2016

Tomorrow 9 February 2016 at 5.15 pm The Law Society of New South Wales, 170 Phillip Street, seminar room, level 3 (Note change of location from NSW Bar Common Room)

The session will be presented by:

Pauline Nguyen, Entrepeneur, owner of the Red Lantern Restaurant and recipient of the Telstra Award for Medium Business (2012). Pauline is also an author, and has used her communication skills to inspire and empower individuals in life and business. Pauline devotes her energies to developing and sharing her knowledge of self-mastery, mindset and spiritual entrepreneurship.

Sally Stevenson AM, CEO Illawarra Women's Health Service. The mission of the Illawarra Women’s Health Service is to provide a range of feminist comprehensive and integrated health care and wellbeing options for women in a unique, safe and empowering setting. Sally previously worked with Medicins sans Frontier and the World Health Organisation. She is the founding Chair of the Indigo Foundation.

Ruth Medd, Chair of Women on Boards. Women on Boards works to improve the gender balance on Australian boards. It partners with the corporate, government and non-profit sectors to hold events, host programs, create opportunities for women and coach and mentor them into career and director roles. Ruth has been pursuing a career as a non-executive director since 2000. She is Chair of Australian Ethical Superannuation Ltd, Executive Chair of WOB Pty Ltd (Women on Boards) and a director of the National Foundation for Australian Women.

chaired by Anthony McGrath SC

Attendance to this seminar will attract 1.5 CPD points in the strand:

Practice Management and Business Skills

This event has been organised by the Equal Opportunity Committee as part of its Successful Speakers Series. Registrations are not required.

Final Program North Coast CPD Conference, 13 February 2016

Mon Feb 08 2016

The 2016 CPD Conference on the North Coast will be held at the Ramada Hotel in Ballina on Saturday 13 February from 9 to 5pm.


  • Noel Hutley SC, President & Philip Selth OAM, Executive Director
  • Garry J Hatcher SC
  • Mark Brabazon SC
  • Kate Eastman SC
  • Jonathon Priestley SC
  • Kim Holwell
  • Deborah Robinson
  • Caroline Dobraszczyk

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


  • NSW Barrister (holds a PC in NSW) AUD $ 230.00 - Discounted Price AUD $ 200.00 (If Registered by Friday, February 5, 2016)
  • Solicitors & non-NSW Barristers AUD $ 280.00 - Discounted Price AUD $ 250.00 (If Registered by Friday, February 5, 2016)

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

To secure a spot, please register [here]

Child Representation Conference 2016

Fri Feb 05 2016

Do you work with children and young people going through the family or care and protection legal systems? Would you benefit from some skills based training to enhance your work with children? Legal Aid NSW is again conducting a Child Representation Conference in 2016 – this year at the Novotel, Wollongong Northbeach. Learn more here.

Australian Women Lawyers National Conference

Fri Feb 05 2016

The Australian Women Lawyers Association will hold their 6th national conference in Perth on 8-10 April 2016. The theme of the conference is 'Where do we want to be in 5 years' and brings together female practitioners, leaders and senior professionals from across the Australian legal sector to form new relationships, discuss ideas and learn from industry leaders. For more information, visit the conference website. The early bird registration ends on 12 February 2016.

Practice Note SC CL 11 - Bail

Fri Feb 05 2016

Chief Justice T F Bathurst AC has issued Practice Note SC CL 11 - Bail. The practice note commences operation on Monday, 7 March 2016. The purpose of the practice note is to establish the procedures to be followed when filing an application under the Bail Act 2013 (NSW) in the Supreme Court.