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Listing arrangements for the NSW Supreme Court Commercial List

Thu Mar 24 2016

Chief Justice Bathurst has issued a memorandum regarding listing arrangements in 2016 for the Commercial List and the Technology and Construction List. The Commercial List will be administered by Hammerschlag J or, if the list judge is unavailable, by another judge designated to sit in the list. Commercial judges designated to hear matters in the Commercial List in 2016 are:

  • Bergin CJ in Eq
  • McDougall J
  • Hammerschlag J
  • Ball J
  • Stevenson J

In addition, to assist in the prompt disposition of short matters Meagher JA and Gleeson JA will be available to sit in the Commercial List in matters generally occupying no more than two days. It is anticipated that these arrangements will enable short matters to be heard within a period of three weeks from the date of readiness for hearing.

Next meeting of the Bar Book Club

Thu Mar 24 2016

The next meeting of the Bar Book Club will be held on Tuesday, 3 May 2016. Up for discussion will be The Great Swindle by Pierre Lemaitre. Pierre Lemaitre is a French crime novelist whose latest book won the Prix Goncourt in 2013. You can read about M. Lemaitre here.

LCA Business Law Section Scholarship

Wed Mar 23 2016

The Business Law Section of the Law Council of Australia (BLS) is offering three scholarships to early career lawyers in 2016. The scholarships are: The Forsyth/Pose Scholarship, for topics in taxation law; The Santow Scholarship,for topics in corporations law; and The Gaire Blunt Scholarship, for topics in competition law. The scholarships are awarded for an unpublished paper of no more than 10,000 words on a topic of relevance to the field of the chosen scholarship. One award is offered under each scholarship to the value of $5000.00. Applications will close on 31 July 2016. To be eligible applicants should have not more than four years’ professional experience in the relevant field. To learn more, visit the scholarships section of the Law Council's website.

Australian Academy of Law Annual Essay Prize for 2016

Wed Mar 23 2016

The Australian Academy of Law is pleased to announce the offering of its Annual Essay Prize for 2016. The prize is open to anyone, wherever resident, who is studying or has studied legal subjects at a tertiary level, or who is working or has worked in a law-based occupation. There is no limit by reference to the age or seniority or experience of, or position held by, a person who may submit an entry. Accordingly, judicial officers, legal practitioners, legal academics and law students are all eligible to submit an essay.

The prize was launched in 2015 and the winner of the inaugural Prize was Queenslander, Ailsa McKeon. The amount of the prize is $10,000. The essay topic for 2016 is as follows:

What effect have the advances in technology (including in artificial intelligence) had upon the discipline of law in academia, the practising profession and the courts, and how may that effect change over the next ten years? What steps should be taken now to harness the benefits and limit the detriments of those advances?

The deadline for the submission of an essay is 31 August 2016 and persons intending to submit an essay must notify the academy of that intention in writing via the academy’s website to be received by 30 June 2016. Both of these time limits are strictly observed, as the Rules Governing the Annual Essay Prize make clear.

Those rules can be accessed on the Academy of Law’s website: www.academyoflaw.org.au

Refer to the academy’s website also for further information about notification of intention to enter and about the actual submission of an entry.

Expressions of interest sought for NCAT legal assistance panel

Wed Mar 23 2016

In response to a request from the president of the New South Wales Civil and Administrative Tribunal (NCAT), the Hon Justice Robertson Wright, the New South Wales Bar Association is seeking expressions of interest from members of the bar with experience in matters under the Anti-Discrimination Act 1977 (NSW) to assist self-represented litigants before the tribunal.

The tribunal proposes to make information concerning the Bar Association’s Legal Assistance Referral Scheme (LARS) available to litigants in discrimination matters in the Administrative and Equal Opportunity Division.

Any matters which come to the attention of LARS, and comply with the guidelines of the scheme, will then be referred to barristers who have volunteered their services for advice and if appropriate, representation.

If you would like to place your name on this list, could you please do so by responding to Ms Heather Sare, the manager of LARS, on hsare@nswbar.asn.au.

CPD Tonight: A Risk based approach to Wealth Preservation through Estate Planning and Insurance

Wed Mar 23 2016

23 Mar 2016 at 5:15 pm, NSW Bar Association Common Room Presented by Michael Perkins TEP, Partner Perkins Fahey. Chaired by Garry Rich SC, Director Bar Cover Estate planning must deal with the risks of longevity, injury, trauma and loss of working capacity and not just incapacity, domestic relationship breakdown and death. This session is focused on the use of Estate planning supported by insurance strategies such as Bar Cover, to mitigate these life risks and assure appropriate wealth is preserved in a person’s estate.

This Seminar will offer CPD Points in: Practice Management and Business Skills

Download the flyer [here]

Competition Law Conference 2016

Tue Mar 22 2016

This annual one-day conference will be held in Sydney on Saturday 21 May 2016 at the Sheraton on the Park Hotel. The conference, which has been held since 1989, continues to attract about 100 registrants, including Federal Court Judges, Judges from New Zealand, regulators from Australia and New Zealand, lawyers from both Australia and New Zealand, economists and academics. The Hon Justice John Mansfield AM will address the conference as the Keynote Speaker on the topic: “Every time I find the meaning of life, they change it!?” For further details download the full programme and registration form or email Chris Hodgekiss SC.

Changes to Family Court forms

Tue Mar 22 2016
Subpoena and Notice of Request to Inspect forms

There have been some minor changes made to the following Family Court forms: Subpoena & Notice of Request to Inspect. The updated forms are now available on the Family Court website under Subpoena

New serious, organised crime legislation

Tue Mar 22 2016

Police Commissioner Scipione and Minister for Justice and Police Troy Grant have announced that the NSW Government will introduce to Parliament the Crimes (Serious Crime Prevention Orders) Bill 2016 and the Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016. One of the provisions is for public safety orders that can be "issued by a senior police officer for up to 72 hours to ban a person from attending a specific public event or premises, if that person poses a serious risk to public safety or security". View the media release here.

Supreme Court seminars for the profession

Tue Mar 22 2016

Members are invited to attend a two-part series of commercial equity seminars on Tuesday, 26 April 2016, at 5.00pm and Thursday, 5 May 2016, also at 5.00pm. Both seminars will be held in Courtroom 9D, Supreme Court of New South Wales, Queens Square. Registration is not required. Information about the topics and presenters is available here.

LCA announces winner of the John Koowarta Reconciliation Law Scholarship

Tue Mar 22 2016

The Law Council of Australia has announced 18-year-old Ms Mikaela French as the winner of the 2016 John Koowarta Reconciliation Law Scholarship, which helps Indigenous students realise their ambitions of becoming lawyers. It was created 22 years ago and honours Aboriginal land rights pioneer John Koowarta, a Winychanam elder from the Archer River region around Cape York. Learn more here.

BarBooks to be available on all operating systems with our best offer yet

Tue Mar 22 2016

We want you to look as good as your accounting software… so to celebrate the impending launch of our BarBooks web app (making BarBooks available on all operating systems, including Windows), we are offering a special deal: buy an annual subscription now ($720 ex.GST) and receive an exclusive $400 voucher to Tom James bespoke tailors (for men) or Max Mara (for women). This deal cannot last and is open to the first 120 applicants only: so remember, first in best dressed!

Our web app is what you have all been waiting for: a fully-functional cross-platform app which will allow you to use BarBooks across all of your devices - from PC/Windows to Mac, iOS to Android, and which will be available in mid April. No matter how many devices you use the app on, you will be charged just one flat-rate subscription fee.

We know moving accounting software can be a hassle, so let us do all of the work for you. We can create your templates, seamlessly migrate all of your data from other providers and have you set up in no time. BarBooks also continues to offer full offsite and onsite CBD support as part of your subscription: with us, you are not just buying software, you are buying a service.

So what are you waiting for? Register and sign up now at www.barbooksaustralia.com. For any questions please call Charlotte on 0476158335. Find out more here: https://www.youtube.com/watch?v=AkD3eRN93dA

Conditions of this offer

  • By accepting the offer, you agree for your details to be passed on to Max Mara and Tom James and for them to contact you. No other third party will receive your details.

  • Your subscription will not begin until the release of our web application, so even if you sign up pre-launch, you will still receive 12 months of value.

  • This offer is subject to availability and is only offered for a limited period. BarBooks has the right to end this offer at any point of time.

  • Conditions apply to the use of these vouchers.

CPD Tonight: Appearing in Duty Matters

Tue Mar 22 2016

22 Mar 2016 at 5:15 pm, NSW Bar Association Common Room Presented by His Honour Justice Brereton and His Honour Justice Bellew Chaired by Melissa Tovey of the New Barristers Committee. This CPD will address the commonly faced issues when appearing in duty matters in the Supreme Court. The CPD will also provide some useful tips on how to adequately address those issues and better prepare for making these applications.

This Seminar will offer CPD Points in: Barristers' Skills

Download the flyer [here]

CPD Tomorrow: A Risk based approach to Wealth Preservation through Estate Planning and Insurance

Tue Mar 22 2016

23 Mar 2016 at 5:15 pm, NSW Bar Association Common Room Presented by Michael Perkins TEP, Partner Perkins Fahey. Chaired by Garry Rich SC, Director Bar Cover Estate planning must deal with the risks of longevity, injury, trauma and loss of working capacity and not just incapacity, domestic relationship breakdown and death. This session is focused on the use of Estate planning supported by insurance strategies such as Bar Cover, to mitigate these life risks and assure appropriate wealth is preserved in a person’s estate.

This Seminar will offer CPD Points in: Practice Management and Business Skills

Download the flyer [here]

Wanted: presenters for Macquarie University social justice advocacy unit

Tue Mar 22 2016

Macquarie University has established a social justice advocacy unit at Macquarie University. The unit includes a one-day intensive basic introduction to advocacy skills before courts and tribunals, scheduled to run on Sunday, 10 April 2016. The organisers of the course are seeking suitable candidates to address the students on one or more of the modules. For more information, contact George Newhouse, director of the National Justice Project on ph: 422255109 or via email: knp@ozemail.com.au

2016 Bench & Bar Dinner

Mon Mar 21 2016

The President and the Bar Council have the pleasure of inviting all members of the New South Wales Bar Association to the 2016 Bench & Bar Dinner. The dinner will take place on Friday, 6 May in the Ballroom of the Hilton Sydney at 7.00 PM for 7.30 PM. The Guests of Honour are the Hon R J Ellicott QC and David Jackson AM QC. Speaking for the Hon R J Ellicott QC will be Tony Bannon SC & for David Jackson AM QC will be Elizabeth Cheeseman SC.

Seating at the dinner will be allocated on a first-in basis. Tables of 10 are preferred, however you may sit up to 12 on tables. Smaller bookings will also be accepted.

For more details and to book, please click the following link: 2016 Bench & Bar Dinner. For further details on how to book, please refer to the FAQ page on the website.

If you have any questions regarding the dinner, please contact Katie Retford on 9232 4055 or email, kretford@nswbar.asn.au

Bench and Bar Lunch

Mon Mar 21 2016
Collegiality

The Bench and Bar Lunch is set to return on 6 April 2016 between 12.45pm to 2.00pm at the Sky Phoenix Restaurant in the Westfield Shopping Centre. More information about the venue and how to reserve your place is available here.

Percentage Based Contingency Fee Agreements

Mon Mar 21 2016

Members will recall that their comments were sought via In Brief as to the Law Council of Australia Report Percentage Based Contingency Fees

A consultation session for members on the issue was also held on 29 February. At Saturday’s Law Council Directors’ meeting it was agreed that there was a divergence of views regarding the proposal based on ethical and regulatory grounds, and that the Law Council would not be proceeding with the proposal at this time.

Easter closing time

Mon Mar 21 2016

The Bar Library and the Bar Association office will close for the Easter Break at 4.00pm on Thursday, 24 March 2016.

Yoga resumes TOMORROW

Mon Mar 21 2016

Yoga classes will resume in the Common Room tomorrow, Tuesday, 22 March 2016, with classes at both 7.15am and 1.00pm. All are welcome. If you have any enquiries, please contact Jolie 0414 092 502.

New appointments to the District Court

Mon Mar 21 2016

Attorney General Gabrielle Upton has announced the appointment of Siobhan Herbert and John Pickering SC as judges of the New South Wales District Court. Members will be advised of swearing-in details as soon as they are known. Two short biographies of the appointees can be found here.

The Challenge of the Commons

Mon Mar 21 2016
A new book by barrister Peter E King

This study examines the difficult policy and legal issues associated with climate change in the context of the recent conference of the parties at Paris, known as COP 21.

Based on the theme of the Oscar winning film Fury Road, with its idealisation of "the green place", the book proposes a new climate change platform. The work reviews the Paris proposals.

It reviews the agenda for Paris and contends Paris does not address the bigger issues apart from vegetation and trees. It also proposes an alternative whole of climate response including for soils, clean air, vegetation and water. It sets out, in a detailed schedule, the relevant alterations to the Kyoto Protocol necessary to achieve these common sense objectives. The work contains a convenient copy of both major international instruments. The work is critical of the Australian response since 1991 to the United Nations Convention on Climate Change.

Copies are available from Mark Wilson at mwilson@qsc.com.au or on 02 92324671, at a cost of $30 inclusive of GST and postage or send a cheque payable to Queens Square Chambers at Ground Floor 235 Macquarie Street Sydney NSW 2000.

STEP address: Establishing a Trust Estate without a Perpetuity Period

Mon Mar 21 2016

The Society of Trust and Estate Practitioners (STEP) invites you to an address by David Raphael, barrister, on "Establishing a Trust Estate without a Perpetuity Period". It will be held Wednesday, 20 April 2016 at 5.30pm sharp in the Banco Court, Queens Square. Refreshments will be served at 7.00pm. For more information, or to register, download a flyer here.

Workers compensation indexation

Fri Mar 18 2016

The Workers Compensation (Weekly Payments Indexation) Amendment Order 2016 (NSW) and the Workers Compensation Amendment (Latest Index Number) Regulation 2016 will commence on 1 April 2016 and will be published on the Legislation NSW website. The object of the first order is to notify the number that equates to the factor B/C - used in the formula for calculating the variation of the weekly payment to be paid to a worker under section 82A of the Workers Compensation Act 1987. That section provides that weekly payments are to be varied on 1 April and 1 October in each year. The second order updates a number used in the indexation of benefits.