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Federal Court of Australia – Class Actions Practice Note Consultation Process

Tue Jan 19 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.

Program for the Newcastle CPD Conference, 27 February 2016

Mon Jan 18 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]

Training for barristers in dealing with witness intermediaries - Sydney and Newcastle

Mon Jan 18 2016

The Department of Justice is holding training sessions for legal practitioners in February regarding children's intermediaries in criminal matters. The training sessions will focus on the role of Children's Champions in sensitive criminal matters and examine practical experiences of the system in the United Kingdom as well as working with Children's Champions both pre-trial and during a hearing.

Three sessions will be held at the Sydney office of the Director of Public Prosecutions on Tuesday 16th February (from 1.30-3.30pm), Thursday 18th February (4.30pm-6.30pm) and Friday 19th February (from 1pm-3pm).

A session will be held in Newcastle on Monday 21 February at the Newcastle office of the Director of Public Prosecutions from 4.30-6.30pm.

Places at the sessions are strictly limited. Interested persons should nominate which session they wish to attend by email to Kristy.Crepaldi@justice.nsw.gov.au

Advocacy Workshop included in the Orange 2016 CPD Conference, Sunday 21 February (clone)

Mon Jan 18 2016

The Orange CPD Conference Saturday, 20 February and Sunday, 21 February includes an Advocacy workshop organised by the Australian Advocacy Institute which will take place on Sunday morning. Practical Session: The workshop is conducted in simulated courtroom environment. Participants will be assigned to groups. AAI Instructors:

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

This workshop provides the opportunity to practice trial techniques and strategies with the assistance of a faculty of experienced instructors who will offer constructive and practical suggestions to improve your advocacy. A case study will be provided. Participants will in turn examine and cross examine witnesses as well as present argument before the decision maker. Immediate feedback will be provided by the AAI Instructors on each performance. This supportive, noncompetitive simulation, together with instructor demonstrations and personal attention, will help you develop your own personal and highly effective style of advocacy.

More information about the workshop is available [here]

The Orange Conference will run from 9:00am - 4:40pm on Saturday, 20 February and 9:00am to 1:00pm on Sunday, 21 February. Full attendance over the two days attracts 10 CPD points.

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

Bar and Bench v Solicitors Golf Day

Mon Jan 18 2016

The annual Bar and Bench v Solicitors Golf Day will be held at Manly Golf Club on Thursday, 28 January 2016. There will be a shotgun start at 1.00pm. Dinner will start around 6.30pm. The cost for the day is $175.00 per person including dinner. (Manly members pay $80.00). Download an acceptance form. Please complete the form and send it (together with payment) to the address provided as soon as possible. For further information, contact Dennis Flaherty on ph: (02)9233 3517 (mobile 041 601 5623) or John Newnham solicitor on ph: (02)9264 7788.

2016 Mahla Pearlman Oration

Fri Jan 15 2016

The annual Mahla Pearlman Oration will be delivered at Commonwealth Law Courts, Queens Square on 10 March 2016 by Professor Jacqueline Peel, from the University of Melbourne. The oration title will be "Addressing Climate Injustice: Human Rights and Climate Change in the Courts". The Hon Justice Rachel Pepper will chair the event. RSVP by 1 March 2016 for catering and security purposes. Learn more here.

NSWLRC review of the Guardianship Act 1987

Fri Jan 15 2016

The NSW Law Reform Commission is reviewing the Guardianship Act 1987 (NSW) and calls for preliminary submissions by Monday, 21 March 2016. The terms of reference are available here.

Room for sale or licence in Blackstone Chambers

Fri Jan 15 2016
Room available for Licence or for Sale in Blackstone Chambers in 2016

Room available for sale or licence in Blackstone Chambers. Blackstone is a very busy and strong commercial floor with an enviable reputation. It consists of 44 barristers, 8 of whom are silk, and is located in the MLC Centre. The internal room is well appointed with built in shelving, storage and built in desk and return. It is 16m2 in size and easily fits 4 people for conference. It has no common walls. Blackstone Chambers boasts an extensive library supported by the services of a Librarian and is connected to Barnet. The room is available to buy or for licence and is an exceptional opportunity to join this outstanding floor.

Settlement or commencement of licence in January, February or March 2016 as suits. Enquiries and inspections by appointment are welcome. Please contact Kristen Sproule on 9220 9800.

Large room available for sale or lease at Mid North Chambers in Coffs Harbour

Fri Jan 15 2016

Large and well appointed corner room of 42 square metres with windows on two sides, natural light and ventilation. Also fully airconditioned. Also included is a second small room of 15 square metres for clerk/PA or storage.

Room is fully furnished including an oversized mahogany and leather partner’s desk, computer desk, bookcases, chairs. NBN internet connection. Reserved undercover secure parking.

Five minutes’ walk to the new Coffs Harbour Justice Precinct which is a state of the art new court complex hosting four courtrooms, just opened in January 2015.

Share with an experienced barrister with extensive criminal law practice in Coffs Harbour and throughout the mid north coast region.

An excellent opportunity for a barrister to walk in to established criminal law chambers and practise on the Mid North Coast and Northern Inland regions.

Contact clerk@midnorthbar.com.au or call 0413 333 224

Bar and Bench v Solicitors Golf Day

Wed Jan 13 2016
Wellbeing

The annual Bar and Bench v Solicitors Golf Day will be held at Manly Golf Club on Thursday, 28 January 2016. There will be a shotgun start at 1.00pm. Dinner will start around 6.30pm. The cost for the day is $175.00 per person including dinner. (Manly members pay $80.00). Download an acceptance form. Please complete the form and send it (together with payment) to the address provided as soon as possible. For further information, contact Dennis Flaherty on ph: (02)9233 3517 (mobile 041 601 5623) or John Newnham solicitor on ph: (02)9264 7788.

Advocacy Workshop included in the Orange 2016 CPD Conference, Sunday 21 February

Wed Jan 13 2016

The Orange CPD Conference Saturday, 20 February and Sunday, 21 February includes an Advocacy workshop organised by the Australian Advocacy Institute which will take place on Sunday morning.

The workshop will be conducted by 4 AAI Instructors;

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

More information about the workshop is available [here]

The Orange Conference will run from 9:00am - 4:40pm on Saturday, 20 February and 9:00am to 1:00pm on Sunday, 21 February. Full attendance over the two days attracts 10 CPD points.

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

Federal Court of Australia – Insurance List for Short Matters

Wed Jan 13 2016

The Federal Court is establishing an Insurance List within the Commercial Contracts, Banking, Finance and Insurance sub-area of the Commercial and Corporations National Practice Area. The new arrangements will commence in Sydney on 21 March 2016 and the court would be interested to receive feedback from practitioners regarding the operation of the new list. Comments should be directed to the Bar Association's deputy executive director, Alastair McConnachie.

The list will also be held on a regular basis in other registries. The list is not intended to deal with all insurance claims, but principally short matters, in particular, of policy interpretation and concerning the operation of insurance legislation. The list will cover marine as well as non-marine insurance.

Please go to the Federal Court’s website to access detailed information regarding the Insurance List, including how practitioners file a matter to be heard in the list.

Islamic service for opening of 2016 Law Term

Wed Jan 13 2016

The Muslim Legal Network (NSW), in conjunction with the Auburn Mosque Committee, take great pleasure in inviting members of the New South Wales Bar to Auburn Gallipoli Mosque to attend an Islamic service to mark the opening of the 2016 Law Term. The service will be held from 6.15pm to 7.30pm on Thursday, 11 February 2016. Guests are requested to arrive at 6.00pm so that the service can commence on time. The mosque is located at the corner of Gelibolu Parade and Dartbrook Road, Auburn. For more information, or to indicate your attendance, contact admin@muslimlegalnetworknsw.com.au

Diarise for March: CPD Seminar on Race Discrimination - Race Discrimination Commissioner, Dr Tim Soutphommasane

Wed Jan 13 2016

On 16 March 2016 at 5.15 pm NSW Bar Association, Common Room

The session will be presented by:

Dr Tim Soutphommasane is the Race Discrimination Commissioner since 20 August 2013 at the Australian Human Rights Commission. Prior to this he was a political philosopher and held posts at The University of Sydney and Monash University. His thinking on multiculturalism, national identity and patriotism has been influential in shaping debates in Australia and Britain.

Dr Soutphommasane is the author of four books, I’m not racist but … (2015), The Virtuous Citizen (2012), Don't Go Back To Where You Came From (2012), and Reclaiming Patriotism (2009). He was co-editor (with Nick Dyrenfurth) of All That's Left (2010). He has been an opinion columnist with The Age and The Weekend Australian newspapers, and in 2013 presented the documentary series “Mongrel Nation” on ABC Radio National.

For more information please visit the Australian Human Rights Commission website

CPD Seminar: Republic of Brazil v Durant and the Principles of Tracing

Wed Jan 13 2016

Presented by the Hon J C Campbell QC, Sydney Law School

Chair: Professor Matthew Conaglen, Sydney Law School

25 February 2016

from 5pm to 6.30pm

CBD Campus, Level 18, 133 Castlereagh Street, Sydney (Stockland Building)

In Republic of Brazil v Durant [2015] UKPC 35; [2015] 3 WLR 599 the Privy Council permitted property held on trust to be traced through several bank accounts notwithstanding that the lowest intermediate balance rule was breached, and that backwards tracing was involved. This lecture examines the correctness of the result the Privy Council reached, and the adequacy of its reasoning. In so doing it considers the various different equities that can be involved in tracing, and the often overlooked aspect of Hagan v Waterhouse (1991) 34 NSWLR 308 at 357 - 359 that permitted tracing through a bank account in overdraft.

Cost: Free, however registration is required

To REGISTER click HERE.

This event is presented by Sydney Law School in partnership with the NSW Bar Association.

For more information click HERE

NSW Bar Association CPD Conferences 2016

Tue Jan 12 2016

Registrations are now open for the New South Wales Bar Association Regional CPD Conferences. The 2016 CPD Conferences have been confirmed for the following dates and locations:

  • Saturday, 13 February: North Coast [Program]
  • Saturday, 20 February and Sunday, 21 February (Advocacy Workshop): Orange
  • Saturday, 27 February: Newcastle
  • Saturday, 12 March: Parramatta
  • Saturday, 19 March: Sydney

For more details about each venue, speakers and the costs involved please click [here]

The conferences are run by registration only and places in each conference are strictly limited. To register and pay to secure your place please click [here]

Further speaker details are available [here]. The full programs will be advertised as soon as they are finalised 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 on 02 9232 4055 or via e-mail cpd@nswbar.asn.au.

Large room available for sale or lease at Mid North Chambers in Coffs Harbour

Mon Jan 11 2016

Large and well appointed corner room of 42 square metres with windows on two sides, natural light and ventilation. Also fully airconditioned. Also included is a second small room of 15 square metres for clerk/PA or storage.

Room is fully furnished including an oversized mahogany and leather partner’s desk, computer desk, bookcases, chairs. NBN internet connection. Reserved undercover secure parking.

Five minutes’ walk to the new Coffs Harbour Justice Precinct which is a state of the art new court complex hosting four courtrooms, just opened in January 2015.

Share with an experienced barrister with extensive criminal law practice in Coffs Harbour and throughout the mid north coast region.

An excellent opportunity for a barrister to walk in to established criminal law chambers and practise on the Mid North Coast and Northern Inland regions.

Contact clerk@midnorthbar.com.au or call 0413 333 224

Child Sexual Assault Pilot List

Mon Jan 11 2016

Justice Derek Price AM, chief judge of the District Court, issued a new criminal practice note on 17 December 2015. From Monday, 18 January 2016 all prescribed sexual offences committed from the Local Court to the Downing Centre District Court, where the complainant is under 18 at the time of committal for trial, will be entered on to the Child Sexual Assault Pilot List. Such matters will be managed separately from the general arraignments list in Downing Centre Court 3.1.

Practice Note 11 Child Sexual Offence Evidence Pilot - Downing Centre is available from the District Court webside.

CPD Seminar: Republic of Brazil v Durant and the Principles of Tracing

Fri Jan 08 2016

Presented by the Hon J C Campbell QC, Sydney Law School

Chair: Professor Matthew Conaglen, Sydney Law School

25 February 2016

from 5pm to 6.30pm

CBD Campus, Level 18, 133 Castlereagh Street, Sydney (Stockland Building)

In Republic of Brazil v Durant [2015] UKPC 35; [2015] 3 WLR 599 the Privy Council permitted property held on trust to be traced through several bank accounts notwithstanding that the lowest intermediate balance rule was breached, and that backwards tracing was involved. This lecture examines the correctness of the result the Privy Council reached, and the adequacy of its reasoning. In so doing it considers the various different equities that can be involved in tracing, and the often overlooked aspect of Hagan v Waterhouse (1991) 34 NSWLR 308 at 357 - 359 that permitted tracing through a bank account in overdraft.

Cost: Free, however registration is required

To REGISTER click HERE.

This event is presented by Sydney Law School in partnership with the NSW Bar Association.

For more information click HERE

Law Council journal - out now

Fri Jan 08 2016

The December 2015 edition of Law Council Review is now available online. It features stories on the shocking rate of Indigenous incarceration, legislation to strip dual-nationals of their Australian citizenship if they are deemed to have engaged in terrorism, access to the Indian legal services market and more. Learn more here.

2016 Mahla Pearlman Oration

Wed Jan 06 2016

The annual Mahla Pearlman Oration will be delivered at Commonwealth Law Courts, Queens Square on 10 March 2016 by Professor Jacqueline Peel, from the University of Melbourne. The oration title will be "Addressing Climate Injustice: Human Rights and Climate Change in the Courts". The Hon Justice Rachel Pepper will chair the event. RSVP by 1 March 2016 for catering and security purposes. Learn more here.

Medical Assessor Guidance Note No 9 withdrawn

Wed Jan 06 2016
Guidance note 9 - Assessment of resection arthroplasty

The State Insurance Regulatory Authority (SIRA) has withdrawn Medical Assessor Guidance Note No 9. Assessment of resection arthroplasty.

Issued on May 2015, Guidance Note 9 was removed because The AMA 4 Guides Table 27 (page 61) indicates that some resection arthroplasties are designated "isolated". There is no definition of the meaning of "isolated" in the context of Table 27 but the implication appears to be that the impairment rating for a resection arthroplasty is not applicable if the resection arthroplasty is part of a more complex procedure. Guidance notes are issued primarily to provide guidance as to the clinically recommended interpretation in an area where more than one interpretation of existing provisions in SIRA /MAS may be possible.

Since publication it has become apparent that more than one clinically recommended interpretation is available and currently in use in similar jurisdictions. Accordingly SIRA is not in a position to recommend a particular interpretation as to the issue outlined in Guidance Note 9.

The MAA's website contains information about all guidance notes available for use in the Assessment of Permanent Impairment in the NSW motor accidents scheme.

ABA High Court silk bows and dinner 2016 - registrations are now open

Wed Jan 06 2016

All new silks for 2015 will be invited to take their bows before the High Court of Australia at 3.30pm on Monday, 1 February 2016 in Courtroom 1. The dinner to mark the occasion will be held that evening in the Great Hall of the High Court at 7.00pm for 7.30pm. All barristers, not just the new silks, and their partners are invited to attend. To register, click here.