InBrief

SEARCH ALL POSTS

Life without parole in Louisiana

Fri Jul 22 2016

In September 2015 InBrief reported that Bernadette O’Reilly, barrister at Sir Owen Dixon Chambers and Angela Jones, solicitor at Legal Aid NSW, had volunteered for the Innocence Project in New Orleans (IPNO) in January - March 2016. Now, upon their return, join Bernadette & Ange for "Life without parole in Louisiana" - a report on their work and what they learnt in New Orleans. Learn more here.

Dust Diseases Tribunal Contributions Assessors - Expression of Interest

Fri Jul 22 2016

Expressions of interest are sought from legal practitioners interested in appointment to the Panel of Contributions Assessors for the purposes of Part 4, Division 5 of the Dust Diseases Tribunal Regulation 2013. Contributions assessors are appointed by the secretary of the Department of Justice for a period of up to three years. Learn more here.

"Lean In" Mentoring Program

Fri Jul 22 2016

The Women Lawyers Association of NSW invite members to their "Lean In" Mentoring Program on Thursday, 28 July 2016 at 6.00-8.00pm in the offices of TressCox Lawyers, L16 MLC Centre, 19 Martin Place. Guest Speakers: Holly Lam, Senior Associate, HWL Ebsworth Lawyers & Laura Forsyth, Senior Associate, TressCox Lawyers. For more information, or to register, visit the WLA website.

2016 Judicial Q&A – event for under 7s

Fri Jul 22 2016

Barristers under 7 years call are invited to the Judicial Q&A event – a great opportunity for under 7s to meet, greet and ask questions of the panel and socialise together. This year’s event will be held on Thursday, 28 July in the Bar Association Common Room from 5.15pm, with drinks to follow the panel discussion from 6.15pm. The Judicial Panel is the Hon Justice Jacqueline Gleeson, the Hon Justice Ian Harrison and her Hon Judge Robyn Tupman. For more information and to RSVP please see the Judicial Q&A website.

For more information, please contact Katie Retford on ph: (02) 9232 4055.

Farewell for his Honour Judge Stephen Scarlett

Thu Jul 21 2016

A ceremonial sitting of the Federal Circuit Court will be held in Courtroom 7C, Level 7 Lionel Bowen Building, 97-99 Goulburn Street, Sydney at 4.30pm on Thursday, 28 July to farewell his Honour Judge Stephen Scarlett OAM RFD. Warwick Hunt will speak on behalf of the New South Wales and Australian bar associations.

Farewell to Magistrate Hugh Dillon

Thu Jul 21 2016

There will be a ceremonial sitting of the Local Court to farewell Magistrate Hugh Dillon on Thursday, 28 July 2016 at 9.00am in Courtroom 2 at the NSW Coroner's Court, 44 Parramatta Road, Glebe. Warwick Hunt will speak on behalf of the New South Wales Bar.

Applications for appointment as senior counsel

Thu Jul 21 2016

President Noel Hutley SC invites applications for appointment as senior counsel for 2016. The deadline for applications is Friday 29 July at 5.00pm. The principles governing selection and appointment of senior counsel are set out in the Senior Counsel Protocol and the Guide to Practical Aspects of Appointment of Silk in New South Wales. Applications must be completed online and must include a photograph. It is intended the names of successful applicants will be announced on or before the first Friday in October.

Federal Court - Melbourne Law School seminar on input tax deductibility and neutrality

Thu Jul 21 2016

The Federal Court of Australia and Melbourne Law School invite members to a live video streaming of the 2016 VAT / GST seminar on "Input Tax Deductibility and Neutrality" on Wednesday, 3 August 2016 at 5.00-6.00pm. The speakers will be Justice Dr Friederike Grube and Professor Rebecca Millar and Justice Jennifer Davies of the Federal Court will chair the event. The event is free, but registration is essential by Monday, 1 August 2016. For further information, contact: law-tax@unimelb.edu.au

Coming up in CPD tomorrow

Wed Jul 20 2016

Thursday 21 July:"Discrimination, harassment and bullying: Protections available when starting out at the Bar". Presented by Anthony McGrath SC and Penny Thew. Chaired by Corrie Goodhand. For full details please download a flyer here

This seminar will be held in the Common Room at 5.15pm

Australian Construction Law Discussion Group annual dinner

Wed Jul 20 2016

The Australian Construction Law Discussion Group will hold its annual dinner on Tuesday, 26 July 2016 at 6.45pm for 7.15pm in the Bond Cafe, 111 Phillip Street. Guest speaker will be the Hon Justice Hammerschlag. For more information about the evening, and how to reserve your place, click here.

Positions vacant - two positions under the Public Defenders Act 1995

Wed Jul 20 2016

Public Defender: $274,920 p.a. plus Conveyance Allowance $16,645 p.a.


Deputy Senior Public Defender: $300,920 p.a. plus Conveyance Allowance $16,645 p.a.

The Attorney General is seeking applications from qualified persons for two positions under the Public Defenders Act 1995, being a Public Defender and a Deputy Senior Public Defender. Each position will be for a fixed term of up to seven years that may be renewed, subject to an initial twelve-month probationary period. An eligibility list for future such vacancies will be created in respect of each position.

Public Defenders are barristers who appear in trials throughout NSW, and in appeals, for legally-aided persons charged with serious criminal offences. Both successful applicants will be based in Sydney.

The Public Defender will be required to appear at metropolitan and regional sittings of the District Court and Supreme Court, and occasionally the Court of Criminal Appeal, as directed. Any appearances in country or regional sittings are likely to be in the order of a maximum of ten weeks per year.

The Deputy Senior Public Defender will primarily appear in Supreme Court trials and in appeals to the NSW Court of Criminal Appeal. Deputy Senior Public Defenders also assist the Senior Public Defender with management, policy, advisory and delegated responsibilities.

Selection criteria: Applicants must be Australian lawyers (and, in the case of the Deputy Senior Public Defender, Australian lawyers of at least five years’ standing) with extensive advocacy experience in a wide range of criminal trials and, ideally, appeals. Guidelines for the appointment and reappointment of Public Defenders, which includes the selection criteria, may be viewed on the Public Defenders website at: www.publicdefenders.nsw.gov.au

Note: Probity checks will be conducted.

Enquiries: Persons interested are encouraged to contact Mr Mark Ierace, SC, Senior Public Defender, for further information about the likely duties of the successful applicants, on (02) 9268 3111.

Please visit iworkfor.nsw.gov.au with reference 00004JXZ to apply. Applications in Word or PDF identifying the specific position applied for and addressing 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 on Sunday 24 July 2016.

Legal Representation Office Request for Tender

Wed Jul 20 2016

The Legal Representation Office (LRO) is seeking to form a panel of legal representatives to provide independent legal assistance to people in their dealings with the NSW Police Integrity Commission, the NSW Independent Commission Against Corruption and special commissions of inquiry. The panel will consist of legal practitioners admitted to practise in NSW, being either barristers or solicitors who hold an unrestricted practising certificate, and who can demonstrate experience in appearing before investigative bodies.

For more information or to lodge a response to the tender please visit the NSW Government eTendering website. The tender will close at 11:00pm on 9 August 2016.

Learned Friends London Legal Conference

Wed Jul 20 2016

Promoted by Learned Friends

Learned Friends will hold its London Legal Conference in September 2016. Topics will include "EU challenges for UK lawyers", "Ethical challenges for the 21st century lawyer", "The evolution of the concept of genocide", "The tort of malicious prosecution" and more. Speakers include his Honour Judge Phillip Mahony SC, Andrew Stone SC and Iain Morley QC. For more information about the program and accommodation, or to register, visit the conference website.

Peak legal bodies support the Malaysian Bar Council

Wed Jul 20 2016

The Australian Bar Association and the Law Council of Australia have thrown their support behind the Malaysian Bar Council, whose independence is threatened by the Malaysian Government's proposed amendments to the Legal Profession Act 1976. Both the LCA and the ABA have written to Prime Minister Najib Razak to voice serious concerns, particularly in respect of a provision to grant the minister in charge of legal affairs the power to appoint two government representatives on Bar Council. View the ABA media release here and the LCA media release here.

On this day in 1916

Tue Jul 19 2016
By Tony Cunneen

Today is the 100th anniversary of the Battle of Fromelles (often referred to as Fleurbaix at the time).53rd Battalion went into action 20 July at Fromelles under the command of Lieutenant Colonel Bert Norris, the barrister from University Chambers in Phillip Street. Norris was leading his men into their first major battle. He received his last orders from Captain Geoffrey Street, who he probably knew as the nephew of Justice Street. The 53rd Battalion advanced. Norris was killed within the initial 20 minutes, according to Charles Bean. In the heat of battle it was impossible to properly care for the bodies so there was an extensive investigation into the possibility that he was a prisoner. His death was confirmed later. His body was not found until 2010. Lieutenant George Ernest Allan, a 23-year-old law clerk from Bondi was also serving in the 53rd Battalion. He too went missing in action on the 19 July. The Red Cross tried to track down details of his fate. Eventually the various accounts confirmed that he had been shot in the advance. His body has never been located.

The men straggled back to their lines. The uncertain fate of many of the men made the work of Langer Owen KC and the Missing and Wounded Enquiry Bureau both arduous and essential. The case of the solicitor Lieutenant Clarence Collier of the 53rd battalion may serve as one example of how these enquiries developed.

The Collier family in Boundary Road Roseville received a cable from the military authorities after the battle to say that their son was wounded. Then they heard nothing, from the army or from him. They would have known of the battles and enormous casualties from the newspapers that were full of accounts and lists of those fallen in action. They approached the Missing and Wounded Bureau in Pitt Street, which then cabled London. A series of different accounts came back from wounded soldiers scattered in hospitals across England. One said Collier had sprained his ankle; another said he was still at the front. The names of other witnesses were given and they in turn were tracked down and approached. The story of the sprained ankle kept reappearing. In November the family were told that their son was classified as “Wounded and Missing.” London told them to make further enquires in Sydney. They went back to Langer Owen’s office. In addition they went to see returned soldiers from their son’s unit who were in hospital. The bureau went searching for these men.

In early February 1917 Sydney barrister David Wilson went to No. 4 Australian General Hospital in Randwick to interview a soldier from Collier’s unit. The account was written up by Wilson and has the tone and detail of a legal interview.

At Fleurbaix on 19 July Informant and Collier were together in a charge at about 40 yards distance from our parapet. There was a muddy creek waist deep in slush and Collier and informant were lying side by side alongside this creek until a further advance was ordered.. After going a few yards Collier was hit and fell. Informant saw him fall and two days later passed the spot again and noticed that Collier’s body was still there. Death must have been instantaneous. Collier was young, auburn complexion, medium height, rather stout build.

There was some glory amidst the chaos. Major Adam James Simpson, the law Clerk from Hunter’s Hill was serving with the 56th Battalion, and the son of Justice Simpson, the Chief Judge in Equity at the time. He led two companies into the attack and managed to extricate most of them with very few casualties. As a result of the fine leadership he displayed Lieutenant Colonel Humphrey Scott, another nephew of Justice Street, recommended Simpson for the Order for the Crown of Italy.

Tony Cunneen is a regular contributor of legal history articles to _Bar News._

2016 ADR Masterclass

Tue Jul 19 2016

Members are invited to attend the 2016 Mediation Masterclass to be held on Saturday, 13 August in the Hyde Park Room at the Sheraton on the Park. This year's BarADR event is designed as an interactive masterclass to explore the practicalities of arbitration and mediation in-depth with other experienced practitioners. Opportunities will be provided throughout the day for group discussions and to hear from experts in the field. To view the full program, click here

The 2016 ADR Masterclass is currently open to NSW Barristers only. If you are not a NSW Barrister and would like to register your interest in attending, please email Megan Batchelor with your interest and you will be notified by 4 August should places become available. For more information and to register for the masterclass, please click here

Understanding transgenerational trauma in Aboriginal communities

Mon Jul 18 2016

A seminar will be held in the Common Room at 5.15pm on Thursday 4 August 2016. "Understanding transgenerational trauma in Aboriginal communities" will be presented by Professor Mick Dodson AM, Dr Robyn Shields and Magistrate Duncombe and chaired by the Honourable Justice Stephen Rothman AM, Supreme Court of NSW. Learn more here

Please note registration is required for this event. To register please email your full name and organisation to tmcdonald@nswbar.asn.au. Places are limited. Please follow the brochure link for further details.

2016 Common Law Drinks

Mon Jul 18 2016
Collegiality

Judges, barristers and Clerks are invited to attend the 2016 Common Law Drinks on Friday, 2 September. The drinks will be held in the Club Bar at Hotel CBD, 52 King Street, Sydney. The drinks mark the 88th anniversary the momentous event in common law where Mrs Mary May Donoghue drank ginger beer from the tumbler which, it was claimed, contained the remains of a decomposed snail. The guest speaker on the evening will be the Hon Justice Margaret Beazley AO, President of the Court of Appeal, Supreme Court of NSW. Drinks begin at 5.30pm and cost $85 for judges and barristers over 5 years and $65 for barristers under 5 years and clerks. For more information and to RSVP, please click here.

The 2016 Common Law Drinks are kindly sponsored by Bar Cover.

Applications for appointment as senior counsel

Mon Jul 18 2016

President Noel Hutley SC invites applications for appointment as senior counsel for 2016. The deadline for applications is Friday 29 July at 5.00pm. The principles governing selection and appointment of senior counsel are set out in the Senior Counsel Protocol and the Guide to Practical Aspects of Appointment of Silk in New South Wales. Applications must be completed online and must include a photograph. It is intended the names of successful applicants will be announced on or before the first Friday in October.

Room for sale or licence - 9 Windeyer Chambers

Mon Jul 18 2016

An internal room has become available on 9th Floor Windeyer Chambers.

The room is just over13 square metres, with new LED downlights, floor to ceiling cupboards, open shelving and robing cupboard.

Total monthly outgoings are $2,593.00 per month for Rental and Floor/Clerk fees combined. The floor is well regarded as a busy common law/insurance floor, but also has a healthy mix of Crime, Commercial, Equity and FPA across the 15 members. Very harmonious chambers with no ongoing politics and well managed via dedicated support staff.

The floor is a part of Counsels Chambers and is connected to VoIP, with reliable and complimentary internet access.

All offers considered. Please contact the Clerk for any further details or to arrange an inspection.

Emma Hoolahan: clerk9@windeyerchambers.com.au or Phone 9232 2533.

All enquiries will of course be held in the strictest of confidence.

Coming up in CPD this week

Mon Jul 18 2016

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

Tuesday 19 July:"Voice and Performance Skills Workshop". Designed specifically for barristers by Voice Coach. For full details please download a flyer here

Thursday 21 July:"Discrimination, harassment and bullying: Protections available when starting out at the Bar". Presented by Anthony McGrath SC and Penny Thew. Chaired by Corrie Goodhand. For full details please download a flyer here

2016 Tutors & Readers Dinner – RSVPs due this Wednesday

Mon Jul 18 2016

All Readers from the 2/15 and 1/16 Bar Practice Courses and their Tutors are invited to the Tutors & Readers Dinner on Friday, 29 July. RSVPs are due by COB this Wednesday. The dinner will be held at the Rooftop Terrace, Australian Museum, 1 William Street, Sydney. The dinner will begin at 7.00pm for 7.30pm and the dress for the evening is business attire. The guest speaker is the hon Justice Natalie Adams and the Readers speaker is Jon Baxter-Wright. For further information and to RSVP, please click here

Supreme Court Equity seminar for the profession

Mon Jul 18 2016

Members are invited to the Supreme Court's Equity seminar, to be held in the Banco Court on Tuesday, 26 July 2016 at 5.00pm. Speakers will include the Hon Justice Bergin, the Hon Justice Sackar and the Hon Justice Darke. Learn more here.