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Federal Court of Australia - Practitioners’ Consultation Forum on Commercial & Corporations NPA

Fri Mar 11 2016

The Federal Court will conduct a consultation forum to discuss the Commercial & Corporations National Practice Area (NPA) in Sydney on Tuesday, 5 April 2016, commencing at 5.15pm. The forum will be chaired by Justice Middleton and Justice Foster with Justice Foster presenting.

The key topics for discussion will include the draft Central Practice Note, draft Commercial & Corporations NPA Practice Note and the draft Class Actions Practice Note.

For further details of the consultation forum please refer to flyer on the court’s website.

Salvos Legal lectures on domestic violence

Fri Mar 11 2016

On 19 March 2016 the Salvos Legal will hold a day of lectures on domestic violence. Topics will include the psychology of domestic violence, the role those on the front line play in handling the problem, commentary from the bench and bar in respect of preparing matters for hearing. Speakers include the Hon Greg Smith SC, Michelle Swift (Forbes Chambers) and Judge Harman, Federal Circuit Court of Australia. For more information, or to register, click here.

Tomorrow: Parramatta CPD Conference, 12 March 2016

Fri Mar 11 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]

Coming up next Tuesday: The art of Persuasion: "Advocacy" at mediation

Thu Mar 10 2016

Tuesday 15 March 2016 at 5.15 pm, NSW Bar Association, Common Room

Presented by: Robert Angyal SC and Julie Soars

You should attend this seminar if:

  • You think that “mediation advocacy” is an oxymoron; or
  • You think that you and your client always behave rationally at mediations . There will be power point slides.

This seminar will offer CPD points in:

  • Ethics and Professional Responsibility;
  • Substantive Law, Practice and Procedure, and Evidence;
  • Barristers' Skills.

Download the flyer [here]

Coming up next Wednesday: CPD Seminar on Race Discrimination - Race Discrimination Commissioner, Dr Tim Soutphommasane

Thu Mar 10 2016

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

Presented by Dr Tim Soutphommasane

Chaired by:

  • Sarah Pritchard SC (Chair of the Human Rights Committee), and
  • Anthony McGrath SC (Chair of the Equal Opportunity Committee)

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

Download the flyer [here]

International Arbitration Series

Thu Mar 10 2016

Members are invited to attend the launch of the International Arbitration Series, a joint initiative of the CIArb Australia and Federal Court of Australia, to be held on Tuesday, 22 March 2016 commencing at 5.15pm. While the event is being held in Melbourne, it will be video cast to Court 18 in the Federal Court in Sydney. The launch will feature a distinguished panel comprising: the Hon Justice John Middleton; Neil Kaplan CBE QC SBS; Caroline Kenny QC; Professor Jeffrey Waincymer; and Julie Soars. The first seminar will focus on a range of cutting-edge legal issues regarding the role of the courts in international commercial arbitration. For more information and to register, click here.

CPD Tonight: Appearing for health professionals in inquests. Sit still and say nothing?

Wed Mar 09 2016

Wednesday 9 March at 5.15pm, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, Sydney

Presented by Cameron Jackson. The first piece of advice you will be given if you mention that you have been asked to appear for a professional who has a sufficient interest in an inquest to require your representation is that you should sit still and say very little. Is that, however, all there is to it? This presentation explores the role of creative but focused advocacy in coronial proceedings. Though the emphasis is on health professionals, it would be relevant also to other professionals and business people who have a sufficient interest to warrant representation in coronial proceedings.

This seminar offers 1.5 CPD Points in the strand: Barristers' Skills.

Web watch: the Justice Reinvestment calculator

Wed Mar 09 2016

Is locking someone in prison money spent wisely? Probably not, according to the Justice Reinvestment Calculator. Available on justreinvest.org.au, the JR calculator sources data describing local health, employment, income, and housing rates. It shows the number of a community’s local people that are going to prison, and the cost to the community caused by high rates of incarceration.

Mediator Chat in March

Wed Mar 09 2016

The NSW Bar Association ADR Committee invites you to "Mediator Chat" and twilight drinks at Silks Coffee Lounge 70 Phillip Street, Sydney on Tuesday, 29 March 2016, 5.30pm for a 6pm start. Angela Bowne SC and Mary Rebehy will lead the "chat" on "Mindfulness in mediation – magnificent or just a slogan." More information about the event and how you can reserve your place is available here.

CPD Seminar coming up next week: Inquest, Royal Commissions, ICAC

Wed Mar 09 2016

Monday 14 March, 5.15 pm, Bar Association Common Room

The focus of the seminar will be on the more controversial or difficult ethical and practical issues which arise from conducting inquisitorial proceedings focussing on counsel who appear either as counsel assisting or counsel acting for persons of interest or those acting for persons who may be made the subject of adverse findings.

Examples of such issues to be covered include:

  • what is the nature of the relationship between Counsel Assisting and the Coroner/Commissioner
  • whether the relevant statute requires or it is appropriate for counsel acting for POI to assert a “positive case”
  • whether the relevant statute requires or it is appropriate for counsel acting for POI to provide all documents they wish to tender to counsel assisting
  • whether counsel acting for POI should be provided with copies of their earlier compelled testimony – (relevant to ICAC).

The format would be Q & A style.

Members of the working panel are:

  • State Coroner, Michael Barnes,

  • Paul Menzies QC

  • Phillip Boulten SC,

  • Philip Strickland SC,

  • Arthur Moses SC

  • Sarah McNaughton SC

This seminar will provide CPD points in:

  • Ethics and Professional Responsibility;
  • Substantive Law, Practice and Procedure, and Evidence;
  • Barristers' Skills.

Download the flyer [here]

2016 Cross Examination Workshop - mock trial demonstration of cross-examination technique (clone)

Wed Mar 09 2016

Monday, 21 March 2016 5.15pm in Banco Court, Level 13, Law Courts Building, Queens Square

The Cross-examination workshop is put on every year by the New Barristers Committee and is aimed at encouraging new barristers to practice their cross-examination skills on each other before attending the demonstration to watch senior members of the profession cross-examine and discuss their approach to the same problem. The presiding judge will be Hon Justice Elizabeth Fullerton, Supreme Court of New South Wales. The advocates will be Peter McGrath SC (Crown Prosecutor, Crown Prosecutors Chambers) and Simon Couper QC (Blackstone Chambers).

This activity will offer 1.5 CPD Points in the following strand: -Barristers’ Skills

Reminder: retirement ceremony for the Hon Justice Bennett

Wed Mar 09 2016

The Federal Court of Australia will hold a ceremonial sitting in Sydney on Monday, 14 March 2016 to mark the retirement, on 23 March 2016, of the Hon Justice Annabelle Bennett. The sitting will be held at 9.30 am on Monday, 14 March 2016 in court 1, Level 21, Federal court of Australia, Law courts Building, Queens Square. Barristers should wear gowns but not wigs. President Noel Hutley SC will speak on behalf of the New South Wales and Australian bar associations.

Expressions of interest

Wed Mar 09 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.

Book launch tonight: Adjudication on the Gold Fields

Tue Mar 08 2016

Members are invited to the launch of the Hon JP Hamilton QC's book, Adjudication on the Gold Fields. It will be launched by Chief Justice TF Bathurst AC in the Banco Court tonight, 8 March 2016 at 5.30pm. Learn more here.

International Women's Day 2016

Tue Mar 08 2016
Diversity

It's International Women's Day and the Law Council of Australia has issued a media release highlighting the National Equitable Briefing Policy and other practical steps being taken by the legal profession to improve inclusiveness and diversity. Learn more here.

CPD Today: Dealing with difficult cases: vicarious trauma at the bar

Tue Mar 08 2016

Tuesday 8 March at 5.15pm, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, Sydney

Dealing with sensitive subject matter and difficult clients can be challenging. What may seem to be the normal strains associated with a demanding job may in fact be a source of stress that begins to permeate other areas of your life. Training in vicarious trauma is offered to many solicitors by their employers. This is the first time that such training will be offered to members of the Bar. This CPD will be conducted by an external trainer, Emily Keen and chaired by Arthur Moses SC.

The CPD will focus on:

  • recent research on vicarious trauma
  • knowing the difference between burnout and vicarious trauma
  • management plans to address vicarious trauma.

Emily Keen is a Trainer and Telephone and Online Counsellor at Rape and Domestic Violence Services Australia. She holds a Bachelor of Social Work degree from The University of New South Wales. Since graduating in 2009 Emily has worked with children in Out-of-Home Care, at this time she was part of pioneering a program to support biological children of foster carers which she presented at the ACWA forum. Emily enjoys overseas adventures and has spent time volunteering in Romania teaching English to primary school children and working in an orphanage. Emily is a big believer in the importance of Self-Care so in her spare time she will usually be found writing, painting or planning her next adventure.

This CPD Seminar will offer you 1.5 CPD Points in: Practice Management and Business Skills

Download the flyer here

New Barristers' Committee March breakfast

Mon Mar 07 2016

The New Barristers’ Committee would like to invite you to attend the March breakfast catch-up at Silks Coffee tomorrow morning. Drop in for a short (or long) period of time from 8:00am – 9:30am. Bernie Coles QC and Mark Ashhurst SC will be hosting the breakfast. For RSVP purposes, if you think you might be able to attend please send an email to Melissa Tovey.

Federal Court of Australia – Insurance List for Short Matters

Mon Mar 07 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.

STEP address: Unconscionability and Promissory Estoppel

Mon Mar 07 2016

The Society of Trust and Estate Practitioners (STEP) invites you to an address by the Hon Justice Peter Young AO on "Unconscionability and Promissory Estoppel". It will be held Wednesday, 16 March 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.

Appointment to note

Mon Mar 07 2016

Sophia Beckett has been appointed as an acting public defender, commencing on 29 March 2016. Ms Beckett was admitted to the New South Wales Bar in 2007 and practised from Forbes Chambers.

Request for judges for national moot at UNSW

Mon Mar 07 2016

The Ashurst Australian Private Law Moot is a new national mooting competition, now in its third year, being held at UNSW from Friday, 1 April to Sunday, 3 April 2016. The problem question is aimed at students in the latter stages of their degree who have a strong interest in advocacy, and this year's problem focuses on issues in equity and corporations law. The conveners are grateful to barristers that acted as judges in the competition in 2014 and 2015 and hope they enjoyed the competition. They are once again requesting the assistance of barristers to act as judges in the preliminary rounds on 1 – 2 April and the semi-final round on 3 April. Moots typically run for about 90 minutes, and a detailed judging guide will be provided to assist you. The grand final will be judged by an esteemed panel, including members of the NSW Court of Appeal. Your time would be greatly appreciated. If you are interested, please contact Virginia Wang and Wee-An Tan at: privatelawmoot@unswlawsoc.org

CPD Seminars this week

Mon Mar 07 2016

7 Mar 2016 at 5:15 pm until 6:45 pm: Costs under the New Uniform Law, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, Sydney. Presented by Mark Brabazon SC.

8 Mar 2016 at 5:15 pm until 6:45 pm: Dealing with difficult cases: vicarious trauma at the Bar, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, Sydney. Conducted by an external trainer, Emily Keen and chaired by Arthur Moses SC.

8 Mar 2016 at 5:15 pm until 6:45 pm: Appearing for health professionals in inquests. Sit still and say nothing?, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, Sydney. Presented by Cameron Jackson.