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Appointments to the Supreme Court

Fri Mar 04 2016

Natalie Adams SC and Anthony Payne SC have been appointed to the Supreme Court of NSW, filling the retirement vacancies of the Hon Justice Hidden AM and Hon Justice Emmett.

Mr Payne will be sworn-in at a ceremonial sitting in the Banco Court at 9.30am on 30 March 2016. The swearing-in ceremony for Ms Adams will take place in the Banco Court at 9.30am on Tuesday, 5 April 2016. Barristers should wear wigs and gowns. Senior counsel should wear full-bottomed wigs. Members will be advised of further details as soon as they are known. Learn more here.

Changes to the CPD rules arising from the Uniform Laws

Thu Mar 03 2016

With the end of CPD year approaching, we would like to remind you of the changes to the CPD rules arising from the Uniform Laws entering into effect on the 1 July 2015. The Uniform Continuing Professional Development (Barristers) Rules (Uniform CPD Rules) are available here:

To further assist members, answers to some commonly asked questions are set out below:

Q: Can I nominate the strand for a CPD activity?

A: Yes, provided a strand has not yet been nominated by the Bar Association, or the person or organization delivering the CPD activity, you can assign the points gained in a CPD activity to any of the categories (in rule 9) you reasonably consider appropriate (see rule 10).

Q: What qualifies as a CPD activity? Is there still a face-to-face requirement?

A: Any activity that falls within the meaning of CPD activity as set out in rule 6 of the Uniform CPD Rules may be counted The qualifying criteria are set out in rule 6 (a)-(c) which provides that CPD activities must be: (a) of significant intellectual or practical content and must deal primarily with matters related to the practice of law; and (b) conducted by persons who are qualified by practical or academic experience in the subject covered; and (c) relevant to a practitioner's immediate or long term needs in relation to the practitioner's professional development as a barrister and practice of the law.

As such, there is no specific or separate face-to-face requirement as it was previously defined under the old CPD Policy and the requirement to attend a minimum number of seminars in real time no longer applies. However, members will note that what was referred to in the old CPD Policy as Independent Professional Development Activity (IPDA), encompassing such activities as preparation and self-study, does not fall within the meaning of CPD activity in rule 6 of the Uniform CPD Rules.

Q: Is there a specific format in which records of CPD must be kept?

A: Yes. Under rule 12 of the Uniform CPD Rules records must be kept in the form provided by the NSW Bar Association. A template form is available here. Members do not have to use this particular document provided the details specified in the template is included in the records kept.

Q: How long do I need to retain my CPD records?

A: As per rule 12, records must be retained for a minimum of 3 years.

Q: Can I still count CPD completed in the period 1 April to 31 June 2015?

A: Yes, rule 17 of the Uniform CPD Rules provides that any CPD activity in that period that complies with the Rules may be counted.

Dealing with difficult cases: vicarious trauma at the bar

Thu Mar 03 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

Parramatta CPD Conference, 12 March 2016 - Deadline Early Bird Registrations: Friday 4 March

Thu Mar 03 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]

What's in a name?

Thu Mar 03 2016

That which we call ComLaw will be just as handy when it's renamed the Federal Register of Legislation from 5 March 2016. The present URL www.comlaw.gov.au will be changed to www.legislation.gov.au and the Legislative Instruments Act 2003 (Cth) will be renamed the Legislation Act 2003 (Cth).

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

Thu Mar 03 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.

Download the flyer here

CPD Seminar: Inquest, Royal Commissions, ICAC

Thu Mar 03 2016

Monday 14 March, 5.15 pm, venue to be confirmed

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.

Women in Employment Law

Thu Mar 03 2016

Wednesday 9th March 2016 6-8pm

M+K Lawyers, Level 21, 20 Bond, Sydney

Guest Speakers: Stuart Clark AM, President, Law Council of Australia & Kate Eastman SC Women and men practicing in employment law are warmly invited to join us for a great evening of catching up with old colleagues and friends and meeting new ones over some drinks and canapés. Take the opportunity to meet up and coming female barristers practicing in employment law. To celebrate International Women’s Day we have invited two thought leaders on the state of the profession in 2016 and beyond.

Kate Eastman SC was admitted as a solicitor in 1990 and began practice as a barrister in

  1. She was appointed Senior Counsel in 2012. Kate was ranked as a Leading Senior Counsel in Employment Law in 2014 and a Pre-eminent Senior Counsel in Employment Law for NSW in 2015 by Doyles Guide. She was co-chair of the 2014 Bar Council Equitable Briefing Working Party.

Stuart Clark AM is the President of the Law Council of Australia and has been a director since 2011. He is a partner in Clayton Utz, Sydney; his practice focuses on class actions, investigations and inquires acting for clients in Australia, the US and Europe. He has served in a range of leadership roles, including Chief Operating Officer and Managing Partner International of Clayton Utz, as a Director of the NSW Legal Aid Commission, Chair of the Large Law Firm Group (now known as Law Firms Australia) and Chair of the Australian Legal Sector Alliance Ltd (AusLSA).

More information on how to register is available here

CPD Seminar on Race Discrimination - Race Discrimination Commissioner

Thu Mar 03 2016

On 16 March 2016 at 5.15 pm Venue to be confirmed

The session will be 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 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.

He 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

2016 Personal Injury/Common Law Conference - Saturday 5 March

Thu Mar 03 2016

Registrations are still open for the 2016 Personal Injury and Common Law Conference which will be held at the Hilton Sydney on Saturday 5 March. The conference runs from 9:00am to 3.00pm. Morning tea and a stand-up buffet lunch will be provided.

For more details about the conference and the costs involved please click [here].

The conference offers 5 CPD points.

Registrations are open to NSW barristers that currently hold a practising certificate and places in the conference are strictly limited.

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

A detailed program is available here

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department (9232 4055 or cpd@nswbar.asn.au)

CPD Seminar Monday: Costs under the New Uniform Law

Thu Mar 03 2016

Monday 7 March at 5.15pm, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, Sydney

Presented by Mark Brabazon SC

What every barrister needs to know about disclosure, costs agreements, billing and recovery of fees under the new legal costs regime of the Legal Profession Uniform Law (NSW). Precedents, practice and survival.

Mark Brabazon SCis the Chair of the Costs and Fees Committee of the NSW Bar Association.

This Seminar will offer CPD Points in:

  • Ethics and Professional Responsibility,

  • Practice Management and Business Skills

Download the flyer here

New South Wales Government sets up Courts Consultation Committee

Wed Mar 02 2016

NSW Attorney General Gabrielle Upton has announced the establishment of the Courts Consultation Committee to provide her with high-level advice on the NSW judicial system. Ms Upton said the Committee will meet regularly and be chaired by Chief Justice Tom Bathurst AC. Learn more here.

NSW CTP reform back on the agenda – a note from President Noel Hutley SC

Wed Mar 02 2016

As members may be aware, articles in today's Daily Telegraph and the Australian Financial Review indicate that the NSW Government has CTP reform back on its agenda.

The government is committed to consultation with the legal profession and other stakeholders. Bar Association representatives have received confidential briefings from the minister and the State Insurance Regulatory Authority.

It is anticipated that the government will release a discussion paper proposing options for reform. That will be followed by a six week formal consultation period. All options (including a full no fault scheme) will be canvassed in the discussion paper.

The government has indicated its concern regarding two different and significant blowouts in claim numbers and claim costs. There has been a rapid escalation in nervous shock claims by children and in minor soft-tissue whiplash claims ( with claims harvesters are behind some of it). The government has announced the formation of a fraud task force to address fraud cases and the Bar Association has been invited to participate in that process.

The Bar Association’s Common Law Committee is meeting regarding this issue early next week. The input of members into the association’s response to the government discussion paper will be sought and the discussion paper will be circulated as soon as it becomes available.

Legal Aid News for March

Wed Mar 02 2016

Legal Aid News for March 2016 is out now. There are articles about the new family law service in Broken Hill, new resources for independent children’s lawyers and a new way to help vulnerable people in debt get back on track. There are articles on a pre-litigation alternative dispute resolution process available in child protection cases and free gambling help services. There's the usual information on courses and conferences and panel lawyer news as well. You can view the newsletter here.

Save the date: ABA-Victorian Bar conference in 2016

Wed Mar 02 2016

The Australian Bar Association and the Victorian Bar invite members to save the date on which they will hold their joint conference at the MCG in Melbourne: 27-28 October 2016. The theme of the conference will be "The national profession in a global legal market". Download a flyer here. To receive updates, and to ensure you don't miss out, register your interest via rsvp@vicbar.com.au

Dealing with difficult cases: vicarious trauma at the bar

Wed Mar 02 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

Costs under the New Uniform Law

Wed Mar 02 2016

Monday 7 March at 5.15pm, Doltone House, Hyde Park, Level 3, 181 Elizabeth Street, Sydney

Presented by Mark Brabazon SC

What every barrister needs to know about disclosure, costs agreements, billing and recovery of fees under the new legal costs regime of the Legal Profession Uniform Law (NSW). Precedents, practice and survival.

Mark Brabazon SCis the Chair of the Costs and Fees Committee of the NSW Bar Association.

This Seminar will offer CPD Points in:

  • Ethics and Professional Responsibility,

  • Practice Management and Business Skills

Download the flyer here

CPD Seminar: Inquest, Royal Commissions, ICAC

Tue Mar 01 2016

Monday 14 March, 5.15 pm, venue to be confirmed

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,

  • 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.

2016 Bench & Bar Dinner

Tue Mar 01 2016

The 2016 Bench & Bar Dinner will be held on Friday, 6 May at the Hilton Sydney. The Guests of Honour will be the Hon R Ellicott QC and David Jackson AM QC. Speaking for the Hon R Ellicott QC will be Tony Bannon SC and for David Jackson AM QC will be Elizabeth Cheeseman SC. Dinner will begin at 7.00pm for 7.30pm.

An invitation to all members will be sent in mid-March through In Brief with the RSVP details.

Life Balance - postponed to Tuesday 5 April

Tue Mar 01 2016

Tuesday 5 April, Bar Association Common Room, please note that this seminar was postponed from the 1 of March. When your life is out of balance it can all seem too hard. You always feel rushed, there is never enough quality time for yourself or your family, your sleep suffers, you feel unwell and you end up exhausted. In this module we work on life harmony so you can find amazing energy by getting healthy, developing laser like focus to make optimal use of time, by relaxing and learning to let go of memories and habits that no longer serve you. Presented by: Ian Hawkins

Parramatta CPD Conference, 12 March 2016 - Deadline Early Bird Registrations: Friday 4 March

Tue Mar 01 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]