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Request for provision of legislative review services (WA)

Fri Feb 05 2016

The Parliament of Western Australia Joint Standing Committee on Audit is reviewing the operation and effectiveness of the Auditor General Act 2006 (WA) as required by section 48 of that Act. As part of its review, the committee is required to appoint a suitably qualified person to review the Act. The president of the Legislative Council has issued a request for quote to facilitate offers to undertake the legislative review. Offers to undertake the review are due by 4pm on 29 February 2016. The legislative review must be completed and final report provided to the Committee by 30 June 2016. Download the request for provision of legislative review services here.

First Bar Book Club meeting for 2016

Fri Feb 05 2016
Wellbeing

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.

Ceremonial sitting of the Court of Appeal

Fri Feb 05 2016

The Court of Appeal will hold a ceremonial sitting in the Banco Court at 9am on Monday, 8 February to mark the 50th anniversary of its first sitting. A number of former and current judges of appeal will be on the bench and His Excellency General The Honourable David Hurley AC DSC (Ret’d), governor of New South Wales, will be in attendance. The ceremonial sitting is open to all members of the legal profession and the public. President Noel Hutley SC will speak on behalf of the New South Wales Bar. Barristers should wear wigs and gowns. Senior counsel should wear full-bottomed wigs.

Deadline early bird registrations: 12 February - Orange CPD Conference, 20-21 February 2016

Thu Feb 04 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]

Deadline early bird registrations: tomorrow 5 February - North Coast CPD Conference, 13 February 2016

Thu Feb 04 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.

Speakers

  • 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].

FEES

  • 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]

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

Thu Feb 04 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 cpd@nswbar.asn.au).

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

Thu Feb 04 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

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

Wed Feb 03 2016

On 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.

Ceremonial sitting of the Court of Appeal

Wed Feb 03 2016

The Court of Appeal will hold a ceremonial sitting in the Banco Court at 9am on Monday, 8 February to mark the 50th anniversary of its first sitting. A number of former and current judges of appeal will be on the bench and His Excellency General The Honourable David Hurley AC DSC (Ret’d), governor of New South Wales, will be in attendance. The ceremonial sitting is open to all members of the legal profession and the public. President Noel Hutley SC will speak on behalf of the New South Wales Bar. Barristers should wear wigs and gowns. Senior counsel should wear full-bottomed wigs.

Legal Aid News for February

Wed Feb 03 2016

Legal Aid News for February 2016 is out now. The articles include: articles on changes to the Legal Aid NSW means test; Legal Aid's team of disaster recovery specialists; applications for appointment to the Children's Criminal Law Panel; workshops for community workers regarding domestic violence. There is the usual information on courses and conferences and panel lawyer news as well. You can view the newsletter here.

Deadline early bird registrations: 12 February - Orange CPD Conference, 20-21 February 2016

Wed Feb 03 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]

Program for the Parramatta CPD Conference, 12 March 2016

Wed Feb 03 2016

The 2016 CPD Conference in Parramatta will be held at the Holiday Inn on Saturday 12 March from 9 to 5pm.

Speakers

  • Noel Hutley SC, President, and Philip Selth OAM, Executive Director
  • The Honourable Justice G Bellew, Supreme Court of NSW
  • His Honour Judge Dunkley, Federal Circuit Court of Australia and Patrick Griffin SC
  • Robert Angyal SC
  • Michelle Painter SC
  • Paul Sansom SC
  • Robyn Druitt
  • James T Johnson
  • Caroline Dobraszczyk

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

FEES NSW Barrister (holds a PC in NSW) AUD $ 230.00 - Discounted Price AUD $ 200.00 (If Registered by Friday, March 4, 2016) Solicitors & non-NSW Barristers AUD $ 280.00 - Discounted Price AUD $ 250.00 (If Registered by Friday, March 4, 2016)

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

To secure a spot, please register [here]

Contingency Fees Working Party - request for members input

Wed Feb 03 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 later in the month. Details of the forum will be published in In Brief in the near future.

Upgraded Wollongong Courthouse opened today

Tue Feb 02 2016

NSW Attorney General Gabrielle Upton opened the $17.5 million upgrade to the Wollongong Courthouse today. Six of the seven courtrooms now have large LCD screens that can broadcast bail applications from prisons, as well as testimony from witnesses remotely. The courthouse has new facilities for jurors including a new jury room. Learn more here.

2016 Cross Examination Workshop

Tue Feb 02 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]

Save the date: ABA-Victorian Bar conference in 2016

Tue Feb 02 2016

The Australian Bar Association and the Victorian Bar invite members to save the date on which they will hold their joint conference at the MCG in Melbourne: 27-28 October 2016. The theme of the conference will be "The national profession in a global legal market". Download a flyer here. To receive updates, and to ensure you don't miss out, register your interest via rsvp@vicbar.com.au

Immigration Advice and Rights Centre movie night

Tue Feb 02 2016

The Immigration Advice and Rights Centre provides free immigration advice and representation to refugees and financially disadvantaged immigrants in New South Wales. The IARC is hosting a fundraiser movie night on Wednesday, 3 February 2016 at the Dendy Cinemas Opera Quays (E Circular Quay). Book your tickets here.

The movie, Spotlight is tipped for an Oscar nomination. It is the true story of the Pulitzer Prize-winning Boston Globe "Spotlight" team of reporters whose investigation into allegations of abuse in the Catholic Church uncover a decades-long cover-up at the highest levels of Boston's religious, legal, and government establishment, touching off a wave of revelations around the world. This tense investigative dramatic-thriller traces the steps to one of the biggest cover-ups in modern times.

Vale Evan Cardiff Lewis (1919-2016)

Tue Feb 02 2016

Evan Cardiff Lewis, former barrister and co-author of Tenancy Law of New South Wales, died yesterday. There will be a private funeral service.

Changes to Conditions of Entry to Courthouses

Mon Feb 01 2016

The Sheriff has written to the Association to advise of changes to conditions of entry to NSW courthouses. From the commencement of Law Term on 1 February, all persons entering court premises are to separate laptop computers from other items and place them in the larger trays provided. For further details, see the Sheriff's advice