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ABA Appellate Advocacy

Fri May 13 2016

The ABA Appellate Advocacy course will be held in Brisbane on 10-12 June 2016. There are only 24 positions available. Seniority of at least eight years at the private bar is a pre-requisite.

The skills of a barrister are best learnt in an environment that is as close to the real experience as possible. This intensive involves a realistic brief, detailed preparation including written submissions and performances in real court settings before appellate judges. The intensive will promote excellence in appellate advocacy through the development of relevant skills.

Groups are small and the coach-to-participant ratio is high. Performances are recorded in-court before an appellate court judge, and then reviewed separately with senior members of the Australian Bar. Voice and movement coaching is also available from a professional coach.

The brief

You will be briefed on an application for leave to appeal from the judgment of a single judge of the Federal Court and the final appeal. The brief is based on a real legal dispute that has previously been litigated.

Pre-course preparation

Written submissions are to be submitted prior to the commencement of the course. It is recommended that at least three days is set aside for preparation. Less experienced appellate advocates may find it worthwhile to allow more time.

Venue

The intensive will be held in the Supreme Court of Queensland, Brisbane.

Cost

  • The cost of the intensive covers:
  • Copies of all materials and readings
  • Access to the intensive's online portal
  • Venue, equipment and stationery
  • Morning tea, lunch and afternoon tea on Friday and Saturday
  • Dinner on Saturday
  • Morning tea on Sunday

All travel costs, including flights to and accommodation in Brisbane, are additional and must be organised by barristers individually.

New Barristers' Committee Breakfast in Parramatta

Fri May 13 2016

The New Barristers’ Committee invites you to join our hosts Magistrate Stafford, Magistrate Tsavdaridis and Chrissa Loukas SC for breakfast in Parramatta on 17 May 2016 from 8am. The breakfast will be held at the Legal Grind Café, 9 George Street, Parramatta.

Drop in for a short(or long) time from 8:00am – 9:30am.

So that an appropriate area can be set aside please indicate if you might be able to attend by emailing Mary Rebehy, Arthur Phillip Chambers, at: mary.rebehy@gmail.com.

Please download the flyer here

Family Law Legal Profession Forum

Thu May 12 2016

The Family Court is inviting all interested family law solicitors and barristers to a forum to discuss the duty lists and interim hearings in the Sydney Registry of the Family Court of Australia.

Wednesday, 25 May 2016, 4.30pm Level 8 Conference Room

For more information or to RSVP contact rsvp@familycourt.gov.au by 18 May 2016

Jury reasoning in joint and separate trials of child sexual abuse

Thu May 12 2016

Members are invited to attend the launch of a major new research report commissioned by the Royal Commission into Institutional Responses to Child Sexual Abuse. The Hon Justice Peter McClellan AM Chair, Royal Commission into Institutional Responses to Child Sexual Abuse. Presented by Jane Goodman-Delahunty, School of Psychology and Australian Graduate School of Policing and Security, Charles Sturt University and Annie Cossins, Faculty of Law,University of New South Wales. Learn more here. It will be held in the Theatrette, New South Wales Parliament House on Wednesday, 25 May 2016 between 5:30-7pm followed by light refreshments. RSVP: 19 May 2016 at rsvpsyd@childabuseroyalcommission.gov.au

Swearing-in ceremony for Judge Brana Obradovic

Thu May 12 2016

A ceremonial sitting will be held to welcome Ms Brana Obradovic as a judge of the Federal Circuit Court of Australia on Friday, 3 Jun 2016 at 9.30am in Courtroom 9 of the Parramatta Registry.

ADR in land rights claims in NSW

Thu May 12 2016

How can land claims and native title issues be tackled using ADR mechanisms? How can mediators, arbitrators and representatives assist? The Australian Disputes Centre will host a seminar on Monday, 23 May 2016 at 5.45 for 6.00pm at their offices in L16, 1 Castlereagh Street. The panel will comprise Helen Shurven member, National Native Title Tribunal and Stephen Wright, registrar – Aboriginal Land Rights Act. Learn more here.

Options for Reforming Green Slip Insurance in NSW: a Bar Association submission

Wed May 11 2016

Members have been alerted previously in In Brief of the NSW Government's Options Paper regarding Compulsory Third Party Reform entitled On the Road to a Better CTP Scheme, which was released for public comment earlier this year. Over the past three years there has been a significant escalation in CTP claim numbers. The increase is almost entirely in low severity legally represented claims. Further information regarding this issue can be found on the State Insurance Regulatory Authority website.

The increase in claim numbers is said to be sufficient to threaten the stability of the scheme, and the NSW Government's paper seeks views on four options for reform to address this problem. The New South Wales Bar Association has now provided a submission to the review, which can be found here.

Members will be kept informed as to the progress of the review.

New Barristers' Committee Breakfast in Parramatta

Wed May 11 2016
Collegiality

The New Barristers’ Committee invites you to join our hosts Magistrate Stafford, Magistrate Tsavdaridis and Chrissa Loukas SC for breakfast in Parramatta on 17 May 2016 from 8am. The breakfast will be held at the Legal Grind Café, 9 George Street, Parramatta.

Drop in for a short(or long) time from 8:00am – 9:30am.

So that an appropriate area can be set aside please indicate if you might be able to attend by emailing Mary Rebehy, Arthur Phillip Chambers, at: mary.rebehy@gmail.com.

Please download the flyer here

AACL seminar on Constitutional litigation and the public interest

Wed May 11 2016

The Australian Association of Constitutional Law will hold a seminar on Wednesday, 25 May 2016 in at 5.30pm in Court 18B, Federal Court, Queens Square.

"Constitutional Litigation and the Public Interest" will feature a panel discussion on public interest in Constitutional litigation. The panel will include: Ron Merkel QC (Victorian Bar); Professor Gillian Triggs (president of the Australian Human Rights Commission); and Henry Burmester QC (chief general counsel and acting solicitor-general of the Commonwealth between 1995 and 2009). The moderator will be Associate Professor Gabrielle Appleby (UNSW).

Discussion of institutional process and procedure will cover:

  • Decisions by governments and private parties to instigate, defend, or intervene in constitutional litigation;

  • Standing rules, including for amicus curiae and interveners, and the adequacy of these rules;

  • Conduct of public interest litigation and the operation of model litigant rules; and

  • Allocation of legal costs. Discussion of deeper questions will include:

  • What are the limitations on the ability of governmental and non-governmental parties to represent the public interest?

  • To what extent are positions in litigation influenced by short-term political objectives, long-term institutional interests, and broader public interest values?

This event will be open to non-members at no cost.

Common Law Practice Update 95

Wed May 11 2016

The Bar Association's Common Law Committee has published Practice Update 95, with case notes on section 3 of the Motor Accidents Compensation Act 1999 (NSW); limitation periods; employers' breach of duty and causation; and costs of funds management. Download CLPU 95 here.

Save the date: 2016 Forbes Lecture

Wed May 11 2016

The annual Forbes Lecture will be delivered by the master-elect of Christ's College, Cambridge, Professor Jane Stapleton, on 14 July 2016 at 5.15pm in the NSW Bar Association Common Room. The lecture will be entitled "Lady Margaret Beaufort and the Law".

"Ridiculous Laws" – a benefit gig for Justice Connect

Tue May 10 2016

Justice Connect has recruited some of Australia’s best satirical and political minds to take a lighter look at some of our sillier rules, as well as those that will likely appear ridiculous in years to come, which are having a real effect on people today. "Ridiculous Laws", hosted by Julian Morrow and featuring Tom Ballard, Dr Justine Rogers and Prof Gillian Triggs, will be held at Giant Dwarf Theatre, 18 May 2016 at 7.00pm-8.45pm. Tickets available here.

Did you know it’s illegal to "collect or remove" bat poo in WA, on pain of a year in prison? Or that SA’s Law of Safe Fridges (1966) prevents the sale of certain large refrigerators? These are just two of Australia’s most ridiculous laws. How about marriage being “the union of a man and a woman to the exclusion of all others”?

While having a laugh at some of the stranger rules and regulations still on the books, the panel will also get stuck into some meatier fare, relating to asylum seekers, transgender children, victims of domestic violence and our right to protest.

All proceeds will support Justice Connect’s work to help vulnerable people who need legal help.

Justice Connect helps people facing disadvantage - and the community groups who support them - to access free legal assistance.

Bar FC grinds out gutsy win

Tue May 10 2016

Under cloudless azure skies, NSW Bar FC this afternoon accounted for the young, pacy and skilful newcomers QBE, with two goals to Vahan Bedrossian capping off an excellent team fight back to win 2-1.

The first half was dominated by the lightning quick youngsters of QBE who gave the experienced Bar defence (de Meyrick, Griscti, Covell and Philips) a torrid time. But for some brilliant keeping by player of the match Matt Vickers in the Bar goal, and some astute adjudication by the assistant referees (both of whom bore more than a passing resemblance to two Association members), Bar FC would have been a lot more than 1-0 down at half time. The Bar's usually dominant central midfield pairing of Hartford-Davis and d'Arville were finding it very tough to get into the game and the ball rarely left the Bar's half of the pitch, starving strikers Maghami and Bedrossian of any possession or chances.

However, a half time rev up and some clever tactical changes from stand in gaffer Anthony Lo Surdo SC and the support of the team's judicial patron on the sidelines worked wonders, and it was a different story in the second half, with Bar FC making good use of a strengthening breeze at their backs to be much more competitive. Debutant Megan Batchelor (from the NSWBA) was outstanding, and it was her fine through ball that Bedrossian latched on to and skilfully dinked past the QBE keeper to put Bar on level terms.

Gyles SC, playing out wide on the left, then (correctly) ignored the defence's advice to "park the bus", and laid on a beautifully weighted free kick which evaded the QBE keeper and enabled Bedrossian to slide a second goal in at the back post to go 2-1 up with about 5 minutes to go. Some resolute defending by the whole team including newcomer Glenn Fredericks and a couple of missed chances by QBE saw Bar FC prevail 2-1 and record an outstanding, come from behind victory.

Waratah Chambers Room for licence

Tue May 10 2016

Waratah Chambers has recently moved to their brand new fully furnished chambers overlooking Hyde Park and Sydney Harbour.

Available from July 2016 this external room is available for licence for 12 months with the potential to extend further. The room has lots of natural light and is fully fitted with desk, chairs, shelving and robing cupboard.

You’d be joining a friendly and busy floor with 3 Silks and 16 Barristers who specialise in Family Law.

For further information please contact Kim Nightingale, Clerk of Chambers, on clerk@waratahchambers.com.au

ABA Member News

Tue May 10 2016

The latest newsletter of the Australian Bar Association is out now, featuring reports on the State of the Judicature Address, Indigenous incarceration, advocacy training, papers from the World Bar Conference and more. Download your copy here.

Seeking information on the Hon Robert Hope

Tue May 10 2016

Would anyone who has correspondence, photographs or recollections relating to the life and career of Robert Marsden Hope (1919-1999) AC CMG LlB LlD (Hon), former Justice of the Supreme Court of NSW and Royal Commissioner on intelligence and security organisations, please contact his biographer: Dr Peter Edwards AM, PO Box 1063, Fitzroy North, VIC 3038; tel 0438 230 892; email edwardspg@bigpond.com.

The Janet Coombs Lunch for new female barristers

Tue May 10 2016

Members are invited to join the Women Barristers Forum and the Women Lawyers Association and their distinguished guests for the biannual Janet Coombs lunch for new female members. Cost $39pp includes the luncheon, wine & beverages. Please click here for the registration form and online booking. Bookings are essential to ensure adequate seating and catering. Limited places so please book early and RSVP by 13 May 2016.

Belvoir's Barrister-led Family Programming Campaign

Tue May 10 2016
Philanthropy

Dear Colleagues,

Please join us in enabling greater access to theatre for young people by supporting Family Programming at one of Australia’s most acclaimed theatre companies, Belvoir. To pledge your support email charlotte@belvoir.com.auor donate now.

Belvoir is dear to our heart. It is one of Australia’s great cultural institutions. For more than 30 years, it has been presenting an artistic program that is razor sharp, popular and challenging. The company has launched the careers of Cate Blanchett, Hugo Weaving, and Neil Armfield, to name a few, and has led the Australian theatre industry by example in programming at least two Indigenous-led productions every year. Further to this, Belvoir’s Education program reaches more than 10,000 Metro and Regional NSW school students every year.

A core part of Belvoir’s vision is to encourage and empower diverse audiences to engage with their work by proactively addressing any cultural, economic and geographical barriers to their participation. Belvoir has identified two major barriers to young people's engagement with the theatre: cost and content. That's why the money raised through their Family Programming campaign will be put towards the creative development of new work for young people, and the subsidisation of tickets for them and their families. As passionate long-term audience members and supporters of Belvoir, we share this vision.

Belvoir recently received a Plus1 grant from Creative Partnerships Australia, who will match up to $50,000 in donations towards their program for young people and their families. That means that for every $1 donated to their Family Programming campaign, we get $2 closer to securing $100,000 for kids at Belvoir. The deadline for these matching donations is 13 May 2016.

In order to help Belvoir reach this target by 13 May, the five of us agreed to each donate $500 to support Family Programming at Belvoir. That will raise $5,000 towards kids at Belvoir. We are hoping to get others at the Bar to join us and are aiming to raise a further $2500, which when matched will mean $10,000 will be raised in total.

Please join us in agreeing to donate $500 before 13 May. All donations are tax deductible. Of course, donations of any size are very gratefully received, though recognition varies according to level of giving (see below).

What’s in it for me?

All $500+ donors will be publicly acknowledged on Belvoir’s website and in printed publications relating to the two family-oriented shows in 2016: Ruby’s Wish (for ages 6+) and Girl Asleep (for ages 14+). Further, supporters and their families will be invited to a special money-can’t-buy event connected to one of the two shows mentioned above, depending on their preference.

All $250-$499 donors will be publicly acknowledged on Belvoir’s website.

Current supporters

Pledge your support and add your name to this list by emailing charlotte@belvoir.com.au or donate now.

Positions vacant: NCAT

Tue May 10 2016

The attorney general is calling for applications from qualified persons for appointment as:

Applications in Word or PDF, accompanied by a detailed curriculum vitae and the names of at least two referees, must be completed online by 11.59 pm on Sunday, 22 May 2016.

Note: The holder of a full-time appointment with NCAT is not eligible during the period of appointment to also hold a barrister’s practising certificate.

Media briefing: Hutley SC on Alan Jones Show

Mon May 09 2016

President Noel Hutley SC was a guest on the Alan Jones Show this morning where he discussed the NSW Government’s serious crime prevention orders legislation. A transcript is held in the Bar Library.

Introduction to International Arbitration

Mon May 09 2016

The Chartered Institute of Arbitrators (Australia) is pleased to offer the ACIArb Course Introduction to International Arbitration. To be held in Perth, Western Australia on Friday, 20 May 2016, the one-day course will be conducted by prominent arbitration experts and practitioners and will feature an address by the Hon Wayne Martin AC, Chief Justice of Western Australia. Legal practitioners will be entitled to 6 CPD points. Successful completion offers a pathway to CIArb membership and accreditation that carries a global qualification in the growing practice of international arbitration. As the next course is scheduled for 2017, places are filling fast. For full course details and registration, read more here.

Family Law Legal Profession Forum

Mon May 09 2016

The Family Court is inviting all interested family law solicitors and barristers to a forum to discuss the duty lists and interim hearings in the Sydney Registry of the Family Court of Australia.

Wednesday, 25 May 2016, 4.30pm Level 8 Conference Room

For more information or to RSVP contact rsvp@familycourt.gov.au by 18 May 2016

Advocacy in International Arbitration

Mon May 09 2016

Members are invited to attend an evening presentation "Advocacy in International Arbitration" by arbitrator and barrister, David Jackson AM QC on Tuesday, 24 May 2016 from 5.30 pm – 7.00 pm (proceedings will commence 5.45 pm sharp). The seminar will be introduced by Julie Soars, CIArb Australia NSW State convenor and councillor, with Jo Delaney, CIArb councillor leading the Q & A session. Light refreshments will be served at the conclusion of proceedings. As this event is free of charge, registrations are essential and places are strictly limited.

Venue: Baker & McKenzie, Level 27, 50 Bridge Street. RSVP: By no later than Friday, 20 May 2016

For full details including CPD points and registration visit Advocacy in International Arbitration.

Appointments to federal courts

Fri May 06 2016

Stephen Burley SC has been appointed as a judge of the Federal Court. He will fill the vacancy left by the retirement of the Hon Justice Annabelle Bennett AO. A ceremonial sitting of the Full Federal Court will be held on Monday, 23 May 2016 at 9.30am in Court 1, Level 21, Queens Square. Chrissa Loukas SC will speak on behalf of the New South Wales and Australian bar associations.

Ms Brana Obradovic has been appointed to the Federal Circuit Court, in the Parramatta Registry, effective 30 May 2016. Details of the swearing-in ceremony will be announced as soon as they are known.