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Coming up in CPD tomorrow

Tue Jul 12 2016

Wednesday 13 July:"Technology in ADR: computers as mediators". Presented by Ross Paull CEO, Guided Resolution Pty Ltd, Nitzan Karni CTO, Guided Resolution Pty Ltd and Robert Angyl SC. Chaired by Philippe Doyle Gray. For full details please download a flyer here

This seminars will be held in the Common Room at 5.15pm.

Coming up in CPD this month

Mon Jul 11 2016

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

Tuesday 12 July:"Voice and Performance Skills Workshop". Designed specifically for barristers by Voice Coach. For full details please download a flyer here

Wednesday 13 July:"Technology in ADR: computers as mediators". Presented by Ross Paull CEO, Guided Resolution Pty Ltd, Nitzan Karni CTO, Guided Resolution Pty Ltd and Robert Angyl SC. Chaired by Philippe Doyle Gray. For full details please download a flyer here

Thursday 14 July:"Margaret Beaufort and the Law". Presented by Professor Jane Stapleton and chaired by The Honourable Justice Virginia Bell AC. For full details please download a flyer here

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 Greg Antipas. For full details please download a flyer here

Justice for Refugees at RACS

Mon Jul 11 2016

The Refugee Advice and Casework Service (RACS) Judicial Review Referral Service for "fast track applicants" under the Migration Act 1958 (Cth) has commenced. The service is called Justice for Refugees or "J4R@RACS". Legal Aid NSW has generously funded RACS’ involvement with the project for 12 months and its supporters include the Immigration Advice and Right Centre (IARC).

J4R@RACS aims to provide assistance to fast track applicants in New South Wales who have received a negative decision in the Immigration Assessment Authority (IAA) or have been excluded from review in the IAA by the Department of Immigration and Border Protection at the time it refuses applications for a protection visas. If capacity allows, we may extend the service to those in certain Immigration Detention Centres in limited circumstances.

The service will be relying on support from a network of members of the New South Wales Bar who are administrative or immigration law specialists, or those looking to develop a practice in these areas, to provide advice on the prospects of success of an application for judicial review, and if positive, to provide representation in the Federal Circuit Court.

To learn more about J4R@RACS and how to register to provide pro bono assistance, click here.

Courts already have powers to deal with disrespectful behaviour: JCA

Mon Jul 11 2016

The Judicial Conference of Australia expressed its concerns about the potential impacts of the New South Wales Government’s Courts Legislation Amendment (Disrespectful Behaviour) Bill 2016. Justice Steven Rares, the president of the Judicial Conference of Australia, said it is highly unlikely that the bill, if enacted, would cause any person to moderate behaviour that was disrespectful to a court.

"The bill is unnecessary, since all courts already have ample powers to deal with behaviour amounting to disrespect as a contempt of court", Justice Rares said.

View the JCA media release here.

Phone scam targeting members of the NSW Bar

Mon Jul 11 2016

It has come to the Bar Association's attention that barristers are being targeted by a phone scam. The callers claim to be from the Australian Taxation Office or the Commonwealth DPP, advising that the member would be charged for irregularities in their tax affairs. The caller claims that the conversation would be recorded and that the Bar Association would have access to the recording. The caller is quite threatening. The number of at least one of the callers is 02 6145 2659; another is 02 8880 0416. The police have been informed, and they have confirmed that a large number of similar calls have been made to members of the New South Wales Bar.

Call for volunteers - mentoring for a moot

Mon Jul 11 2016

The Indigenous Barristers Trust is looking for volunteers to assist with the third annual UNSW Law Mooting Competition of Australia's First Peoples. Interested barristers will act as mentors to participating students over a ten day period from Monday, 25 July to Friday, 5 August.

Students will have opted to receive assistance from a member of the New South Wales Bar.

We are looking for barristers who are able to assist in the preparation of written submissions (due 2 August) as well as offer advice on advocacy skills. Contact with the student may be in person or by phone and email. Please note that some of the students may be in their first or second year of law.

The preliminary final will be held on Wednesday, 3 August at the University of New South Wales. The semi-finals and the grand final will be held on Friday, 5 August. The grand final will be held at 6.00pm in the Banco Court and will be heard before the Hon Justice Stephen Rothman AM.

If you are interested in assisting please let Chris Ronalds SC know at Ronalds@fjc.net.au. She will let you know by Monday, 25 July whether you have been allocated a student.

2016 ADR Masterclass

Mon Jul 11 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

2016 Judicial Q&A – event for under 7s

Mon Jul 11 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.

Applications for appointment as senior counsel

Mon Jul 11 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. It is intended the names of successful applicants will be announced on or before the first Friday in October.

Coming up in CPD this week

Mon Jul 11 2016

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

Tuesday 12 July:"Voice and Performance Skills Workshop". Designed specifically for barristers by Voice Coach. For full details please download a flyer here

Wednesday 13 July:"Technology in ADR: computers as mediators". Presented by Ross Paull CEO, Guided Resolution Pty Ltd, Nitzan Karni CTO, Guided Resolution Pty Ltd and Robert Angyl SC. Chaired by Philippe Doyle Gray. For full details please download a flyer here

Thursday 14 July:"Lady Margaret Beaufort and the Law". Presented by Professor Jane Stapleton and chaired by The Honourable Justice Virginia Bell AC. For full details please download a flyer here

Federal Court alerts clients to fraudulent email

Fri Jul 08 2016

The Federal Court has been contacted by a large number of people who have received emails, purportedly sent by the Federal Court on behalf of the Federal Circuit Court, subpoenaing them to attend court at a specified time. The email also requires the recipient to click on a link to both the court address and case related information.

Neither the Federal Court nor the Federal Circuit Court issue subpoenas in such an informal way. These emails have not been issued by the court and are fraudulent.

If you receive one of these emails:

  • Do not click on any of the links as they may contain viruses or malware
  • Delete the item from your in-box and Deleted folder.

Indigenous Justice Conference

Fri Jul 08 2016

The Australian Institute of Judicial Administration (AIJA) will hold its Indigenous Justice Conference on 25-26 August 2016 at Alice Springs, Northern Territory. Links to the conference program, guide and online registration are available on the AIJA website.

The Forbes Lecture – 14 July 2016

Fri Jul 08 2016

The 2016 Forbes Lecture will be delivered by Professor Jane Stapleton on 14 July 2016 at 5.15pm in the NSW Bar Association Common Room. The Hon Justice Virginia Bell AC will chair the lecture.

Professor Stapleton is a professor at the Australian National University and the University of Texas, School of Law. She is the master-elect of Christ’s College, University of Cambridge.

The title of Professor Stapleton’s lecture is “Lady Margaret Beaufort and the Law”. Lady Margaret Beaufort was the mother of King Henry VII and, among many other things, established Christ’s College, Cambridge in the 1500s. Professor Stapleton’s lecture promises to provide a fascinating insight into this remarkable woman and her relationship with the law.

Applied Research in Crime and Justice Conference: call for Abstracts

Fri Jul 08 2016

On 15 & 16 February 2017 the NSW Bureau of Crime Statistics and Research (BOCSAR), in partnership with the Griffith Criminology Institute, will be convening the 4th annual Applied Research in Crime and Criminal Justice Conference.

The aim of the conference is to showcase high quality policy-relevant research on crime and criminal justice in Australia. Keynote speakers at the conference include Elizabeth Drake (Washington State Institute for Public Policy), Professor Jerry Ratcliffe (Temple University), Professor Rick Sarre (University of South Australia) and Professor Steven Raphael (University of California, Berkeley).

Abstracts are invited from anyone who has recently conducted or is currently conducting research on crime and criminal justice. Abstracts should be no more than 200 words in length and should be structured in a way that reveals the aim, method, results and conclusion of the paper. They should be submitted electronically to: bcsr@justice.nsw.gov.au

As we are limited by time and space to 30 speakers over two days, selection of speakers will be based on the quality, originality and utility of the research. Areas of interest include (but are not limited to: policing, offender rehabilitation, situational crime prevention, corrections, early intervention and criminal justice administration). Abstract submissions due by: 16 September 2016

Early bird registration applies until: 21 October 2016

NSW Lawyers Orchestra Season 2

Thu Jul 07 2016

The NSW Lawyers Orchestra would like to thank members of the judiciary and the New South Wales Bar who participated in their inaugural concert, as well as families, friends and other members of the audience.

The orchestra was formed by members of the bar. The orchestra gives members an opportunity to play in an orchestra (if they play an instrument) or to listen to the orchestra's performances (if they enjoy the repertoire). Rehearsals culminate in 2-3 full weekends to provide barristers with family commitments an opportunity to play in the orchestra and to enable regional/country practitioners to travel to the city. In Season 2 the orchestra will be playing some of the best-known movie themes, such as:

  • Star Wars: Suite by John Williams
  • The Pink Panther by Henry Mancini
  • Schindler's List: Three Pieces by John Williams
  • Themes from 007 A medley (James Bond Medley) by John Barry
  • Harry Potter Symphonic Suite by John Williams
  • The Godfather Love Theme by Nino Rota
  • The Last of the Mohicans Suite by Trevor Jones
  • Gabriel's Oboe from The Mission by Ennio Morricone
  • Raiders of the Lost ark: Raiders March (Indiana Jones) by John Williams
  • Ascent of the Rock (Ascent Music) from Picnic at Hanging Rock by Bruce Smeaton (Bruce Smeaton may become involved in the concert) The rehearsal dates:
  • 22 October 2016 at Redfern Townhall from 9am to 5pm.
  • 23 October 2016 at NSW Bar Dispute Resolution Centre from 9am to 5pm.
  • 26 November 2016 at Glebe Townhall from 9am to 5pm
  • 27 November 2016 at Australian Performing Arts Grammar School from 9am to 5pm.
  • 3 December 2016 at Redfern Townhall from 9am to 5pm.
  • 4 December 2016 at the Music Workshop Conservatorium of Music; University of Sydney from 9:30am to 1pm. The concert for Season 2 2016 will be on 4 December 2016 at 2:30pm at the Music Workshop Conservatorium of Music University of Sydney. For registrations to play in Season 2 or to play in any future seasons email: Sarah Haddad shaddad@fjc.net.au"

New online portal for Victorian Reports is now live

Thu Jul 07 2016

The new online portal for the Victorian Reports went live on 1 July 2016. It allows users to subscribe and access the Victorian Reports in the format they wish: from annual subscriptions to one-off pay-per-view to affordable top-up cards. The Victorian Reports portal is fully searchable, with headnotes available for preview and a snapshot of the case.

In March 2016 the Council of Law Reporting in Victoria appointed BarNetwork Pty Limited (BarNet), the creators of JADE Professional, to publish, produce, sell and distribute the Victorian Reports for the next five years. This includes the production and distribution of the back-set of the reports, consisting of decisions from 1861 to date. In April and June 2016 LexisNexis and Thomson Reuters signed a non-exclusive agreement to publish and distribute the Victorian Reports on their online legal platforms.

For the purpose of managing the publishing of the VRs Little William Bourke Pty Ltd (Little William Bourke), a wholly-owned subsidiary of BarNet, was established.

For interviews and further information, please contact Sue Ann Yap on 02 8815 9083 or 0404 181 795. Visit www.victorianreports.com.au

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

Tue Jul 05 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

Swearing-in ceremony for his Honour Judge Dicker SC

Tue Jul 05 2016

Matthew Dicker SC will be sworn-in as a judge of the District Court of NSW at a formal ceremony on Level 21 of the John Maddison Tower at 9.00am on Tuesday, 12 July 2016. Michael McHugh SC will speak on behalf of the bar. Barristers should wear wigs and gowns. Senior counsel should wear full-bottomed wigs.

2016 ADR Masterclass

Tue Jul 05 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

Wanted: judges for Macquarie University Law Society competitions

Tue Jul 05 2016

Macquarie University Law Society is looking for professional judges to adjudicate their competitions in semester two, August-September 2016. The competitions will be Witness Examination, Negotiations and Junior Client Interview. Click here to register your interest in adjudicating this year's competitions.

Changes to the duty barrister scheme

Mon Jul 04 2016

The Bar Association's Duty Barrister Scheme has been in operation for the last 22 years. As of 1 July 2016 there is a Duty Barrister Room on Level 7 at John Maddison Tower for civil matters. The scheme will continue to cater for criminal matters at the Downing Centre.

The District Court was of the view that as all civil matters are now dealt with at JMT it was much more practical and cohesive for the duty barristers to be located in the building rather than making clients walk to the duty barristers at the Downing Centre to receive assistance.

The three courts in the JMT that will be attended by the duty barristers are court 7A, 7B and 4A. 7A deals with Assessor’s Small Claims hearings, 7B with Magistrates Directions and Motion Lists, and 4A with the Registrar’s Call-over List. As the Registrar’s Call-over List does not take place on Mondays, a referral system will be in place where counter staff may refer matters to the duty barrister for advice.

Rostered barristers at John Maddison Tower will have the same facilities as those at the Downing Centre. The roster has been split so that there will be two duty barristers rostered on each day at both the Downing Centre and JMT.

Save the date: Judicial Q&A – event for under 7s

Mon Jul 04 2016

Save the Date for 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. Further details including the RSVP will be sent out via In Brief and by email invitation by early next week. For any questions, please contact Katie Retford on ph: (02) 9232 4055.

Farewell for his Honour Judge Stephen Scarlett

Mon Jul 04 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 as a Judge of the Federal Circuit Court. Warwick Hunt SC will speak on behalf of the New South Wales and Australian bar associations.

Positions vacant - two positions under the Public Defenders Act 1995

Mon Jul 04 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.