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Public Law Section - Spigelman Public Law Oration And Public Law Section Dinner, Tuesday 22 November 2016, 5:15 pm, Banco Court

Wed Oct 26 2016

The third Spigelman Public Law Oration will be delivered in the Bar Association Common Room at 5:15pm on Tuesday 22 November 2016 by The Hon Virginia Bell AC, Justice of the High Court of Australia.

The oration will be followed by the annual dinner of the Public Law Section (formerly the Constitutional and Administrative Law Section) of the New South Wales Bar. Payment to the Bar Association for the event is requested by 16 November.

For more information, including payment details, see the flyer.

Vale Trevor Newton Small (1941-2016)

Wed Oct 26 2016

Trevor Small, former barrister at Edmund Barton Chambers, died on 22 October. A memorial service will be held at Albert and Meyer Chapel, Cnr of Pennant Hills Road and Thornleigh Street, Thornleigh, at mid-day this Friday 28 October.

Direct briefing and Find a Barrister

Wed Oct 26 2016

The Bar Association has introduced a new search field for its Find a Barrister (FAB) facility which will allow users to identify barristers who accept direct briefs from in house counsel (corporate and government) without the involvement of an external solicitor.

Members who do accept direct briefs from in house counsel should update their individual profiles to check the box which indicates that they accept direct briefs (see how to, below).

Members who do not wish to be listed on their FAB profile as accepting direct briefs need do nothing.

How to amend your FAB profile - It only takes a few minutes.

  • Log in to the members' section of the Bar Association website, click on MEMBER SIGN IN on the top right hand corner of the home page.
  • At the SIGN IN page, enter your username and password. In most cases, this will be the same as your CPD video streaming login. If you are unaware of either or both details, click on Unknown username or password? and follow the prompts.
  • If your sign in is successful, it will say WELCOME [NAME] the top right corner of the home page.
  • Click on the cog wheel next to your name. This will deposit you on the Member Dashboard page.
  • In the General Details section, check the box which says “Accepts Direct Briefs". This will display on your Find a Barrister profile as "Accepts direct briefs from in-house counsel - Yes”.

The words "Direct Briefs" will be hyperlinked to the existing page on the website which provides information for in-house counsel on direct briefing: http://www.nswbar.asn.au/briefing-barristers/in-house-counsel.

The Bar Association will commence promoting the availability of this search facility in the very near future. Members who wish to do so are encouraged to update their profiles as soon as possible.

Hurry! RSVP now for the Pink & Blue Ribbon Breakfast

Tue Oct 25 2016

There are only ten tickets remaining to attend the 2016 Pink & Blue Ribbon Breakfast on Friday, 28 October at 7.45am in Verandah Restaurant. Come and enjoy a two-course breakfast and help raise money for two wonderful charities. There will also be a fabulous raffle drawn on the morning with amazing prizes to be won!

Raffle tickets will also be available to pre-purchase from 17 October at the Bar Association Reception(1 ticket $5; 3 tickets $10; 7 tickets $20; 20 tickets $50). RSVP for the breakfast today.

Click here for all the event details including updated details on the amazing raffle organised by the Diversity and Equality Committee.

If you are unable to attend the breakfast, you may still make a donation to these worthy causes via the registration process. All donations over $2 are tax deductible. Tax receipts will be issued by the charities following the events. To donate, please click here.

Supporting charities

The National Breast Cancer Foundation (NBCF) is the leading community-funded national organisation in Australia raising money for research into prevention and cure of breast cancer. Research programs funded by the NBCF cover every aspect of breast cancer, from increasing understanding of genetics to providing better treatments and improving ways to support women and their families. The NBCF relies almost entirely on corporate and community support to continue its work.

The Prostate Cancer Foundation of Australia (PCFA) is the peak national body for prostate cancer in Australia. The PCFA focuses on funding innovative research, support, information and advocacy for men with prostate cancer and raising awareness across the community. PCFA operates over 100 supports groups Australia wide who provide support and advocacy, via the phone or face to face to men and their families affected by prostate cancer. These groups meet regularly and provide a meeting forum for the exchange of experiences, ideas and news as well as an invaluable support network.

If you have any questions regarding the event, please contact Katie or Hannah on ph: (02) 9232 4055. We look forward to seeing you there.

Experts Cross-Examination Seminar

Tue Oct 25 2016

Following on from this year’s successful Cross-Examination Workshop, the New Barristers’ Committee will be running a cross-examination of experts seminar on 8 November 2016. This workshop is an excellent opportunity to learn the art of cross-examination of expert witnesses. Expert witnesses will be cross-examined by two senior counsel before Justice Stevenson at the Supreme Court. A question and answer session will follow thereafter. This workshop is open to all members of the Bar, but is particularly recommended for junior members of the Bar. Registration is required. Please email Tiffany McDonald (tmcdonald@nswbar.asn.au) by 1 November 2016, if you wish to attend.

The seminar will be held from 5.15pm to approx. 6.45pm in the Supreme Court, Law Courts Building.

Tomorrow in CPD - Preparing an Appeal to the Court of Criminal Appeal

Tue Oct 25 2016

Tomorrow, Wednesday 26 October 2016, Chrissa Loukas SC will present a practical advocacy seminar on appeals to the Court of Criminal Appeal. The seminar, to be co-chaired by the Hon Justice Fullerton and Stephen Odgers SC, incorporates both severity and conviction appeals. The emphasis will be on the essentials of written submissions and oral advocacy. This seminar has been organised by the New Barristers Committee. Learn more here

Registration is required. Please send your RSVP response to Greg Antipas, Chair, New Barristers Committee at gantipas@wentworthchambers.com.au

The seminar will be held at 5.15pm in the NSW Bar Association Common Room

Federal Court of Australia – New National Practice Notes issued today

Tue Oct 25 2016

The Federal Court of Australia is in the process of implementing its National Court Framework (NCF) reforms. A key component of the reforms is a review of the Court’s practice documents to ensure nationally consistent and simplified practice.

Under the NCF, the Court’s practice documents have been consolidated and refined from 60 practice documents to 26 new national practice notes.

The Court has advised that the new national practice notes have been issued today, Tuesday, 25 October 2016. The practice notes will take effect from today, and to the extent practicable, apply to proceedings whether filed before, or after, today's date. Although these practice notes will be effective immediately, the Court is aware that, depending on the nature of each case and what stage it may be at, a period of adjustment will be necessary. To that end, the Court will take a flexible and common sense approach to any difficulties that may arise with any new procedures being applied in any existing cases.

All previous practice documents are revoked as of today. There will no longer be any administrative State-based notices.

The practice notes are now available on the Court’s website. In addition, the Court has developed guides and information to assist practitioners and Court users with the practice note changes, including a reference table that cross-references the old practice notes and where related content can be found in the new practice notes. This information is also now available on the Court's website.

The new practice notes fall into 3 categories:

  1. Central Practice Note: The Central Practice Note is the core practice note for Court users and addresses the guiding NCF case management principles applicable to all NPAs. One of its main aims is to ensure that case management is not process-driven or prescriptive, but flexible - with parties and practitioners being encouraged and expected to take a common-sense and cooperative approach to litigation to reduce its time and cost.

  2. National Practice Area (NPA) Practice Notes: Interlocking with the Central Practice Note are the new practice notes in each NPA. Amongst other things, the NPA Practice Notes raise NPA-specific case management principles and can allow for expedited or truncated hearing processes and tailored or concise pleading and other processes. Where appropriate, parties may also adopt the processes set out in one NPA practice note for use in a different NPA. For example, the flexible and streamlined procedures for the commencement of proceedings, use of concise statements and tailored discovery and evidence procedures set out in the Commercial and Corporations NPA Practice Note may be used in other NPAs.

  3. General Practice Notes (GPNs): Also interlocking with the Central Practice Note and NPA Practice Notes are 17 new or amended GPNs. These practice notes are intended to apply to all or many cases across NPAs, or otherwise address important administrative matters. A number of GPNs set out new or more comprehensive arrangements in a variety of key areas, including the following:

• an updated and refined class actions practice note which allows for Case Management Judges and Trial Judges in certain proceedings and, where appropriate, the allocation of a Class Actions Registrar;

• further guidance on expert evidence, including concurrent evidence procedures;

• guidance in respect of the preparation and use of survey evidence;

• a new costs practice note with an emphasis on the use of lump-sum costs orders soon after final hearings and the utilisation of a consolidated costs order (rather than multiple competing costs orders). Guides are provided on these procedures and a clearer and more effective Form 127 Bill of Costs has also been designed;

• a new subpoena-related practice note ensuring a nationally consistent mechanism for the issuing of subpoenas; and

• a practice note to assist with and make nationally consistent the Court’s approach to requests for access to Court documents.

GPNs – Consultation Process

The GPNs will be issued at the same time as the Central Practice Note and NPA Practice Notes, but each of them (excluding the Class Actions Practice Note, which has undergone extensive external consultation) will be issued on a “12-month review” basis to allow for a comprehensive period of external consultation. The practice notes are open for consultation from today until October 2017 and any appropriate amendments will be made during or following the review period.

The Court is seeking your feedback on the content of the general practice notes. Please provide your feedback addressed to the Deputy National Operations Registrar, David Pringle, via email to practice.notes@fedcourt.gov.au including a short summary of key issues you wish to bring to the Court’s attention and relevant contact details. The Court will consider all feedback and acknowledge receipt of all feedback provided.

The Court’s website

To support the implementation of the NCF and the introduction of the new practice notes, the Court’s website has been updated and enhanced to provide dedicated “homepages” for each NPA and other key areas of law, such as class actions and appeals. The NPA and other webpages are a critical resource tool for practitioners and other Court users. All NPA-related webpages contain not only a summary of the NPA and sub-areas, but key NPA-specific resources such as relevant forms and rules, legislation, practice notes, latest judgments and speeches. Each NPA webpage has been tailored to the requirements of that NPA, by including additional or different information as required.

The enhanced website has been updated to include the above information.

Further reforms - Appeals

The Court has made considerable changes to the management of appeals and related applications and is in the process of preparing comprehensive practice notes outlining the management of, and requirements relating to, such appeals and related applications. In the interim, the Court has revoked Practice Note APP 1 - Listings for Full Court and appellate sittings and partially amended and reissued Practice Note APP 2 - Content of appeal books and preparation for hearing as of today and provided updated information regarding appeals and related applications on the Court’s website.

Forms and eLodgment

A number of new forms have been created and some current forms amended as part of the development of the new national practice notes. The Court’s eLodgment system is in the process of being updated to allow these new forms and documents to be lodged, using their correct titles, via eLodgment. The changes to eLodgment are expected to be implemented in late November 2016. In the interim, the new forms and documents can be lodged by using the generic non-prescribed lodgement types. Detailed information on the new forms is now available on the Court’s website .

Update on NPAs

A new NPA titled “Other Federal Jurisdiction” has been created in order for the true breadth of the Court’s jurisdiction to be captured. The 8 subject-matter NPAs do not exhaust the jurisdiction of the Court. They are the main bodies of work of the Court, however, many other matters may be brought in the Court that do not fit into these NPAs. This 9th NPA is designed to encompass cases over which the Court has jurisdiction but which do not readily fit into any of the other existing NPAs, such as cases involving negligence claims, defamation claims, or cases involving the Court acting as a Court of disputed returns.

The name and scope of the Criminal Cartel Trials NPA has been reviewed and adjusted to reflect the breadth of federal criminal law jurisdiction vested in the Court. The NPA will now encapsulate any criminal-related proceeding, not merely cartel-related proceedings (eg. criminal copyright appeals etc). Accordingly, the name of the NPA has been adjusted from “Criminal Cartel-Trials” to “Federal Crime and Related Proceedings”.

Parties are able to select these NPAs in eLodgment when commencing a matter in the Federal Court. Attached is an NCF update that provides an outline of these reforms and a reference table for the new practice notes.

New Online Indigenous Justice Research Hub

Tue Oct 25 2016

A new website will make it easier and faster for Australian and New Zealand government policy makers to access the latest information and research on Indigenous justice, Attorney General Gabrielle Upton and Minister for Indigenous Affairs Leslie Williams announced today.

The Indigenous Justice Clearinghouse (IJC) website provides a free and central source for exclusive research, information and reports. View the media release

Experts Cross-examination Seminar

Mon Oct 24 2016

Following on from this year’s successful Cross-Examination Workshop, the New Barristers’ Committee will be running a cross-examination of experts seminar on 8 November 2016. This workshop is an excellent opportunity to learn the art of cross-examination of expert witnesses. Expert witnesses will be cross-examined by two senior counsel before Justice Stevenson at the Supreme Court. A question and answer session will follow thereafter. This workshop is open to all members of the Bar, but is particularly recommended for junior members of the Bar. Registration is required. Please email Tiffany McDonald (tmcdonald@nswbar.asn.au) by 1 November 2016, if you wish to attend.

The workshop will commence at 5.15pm in the Supreme Court, Law Courts Building, Queens Square.

Are your cases traumatising you? Understanding and managing vicarious trauma  

Mon Oct 24 2016

On Wednesday, 9 November 2016 Robyn Bradey, an accredited mental health social worker with over 36 years’ experience, will present "Are your cases traumatising you? Understanding and managing vicarious trauma"

In this presentation you will learn about what vicarious trauma is; how it arises from a neuroscience perspective; signs that you may be suffering from it; steps you can take to minimise its impact, including practical steps to avoid or minimise the trauma to you of difficult or distressing material; how to notice signs that a colleague may be affected, what to do and how to intervene helpfully and effectively. The seminar will be chaired by Peter McGrath SC, Health and Wellbeing Committee. For full details please download a flyer here. The seminar will be held at 5.15pm in the NSW Bar Association Common Room

Coming up in CPD this week

Mon Oct 24 2016

Preparing an Appeal to the Court of Criminal Appeal

On Wednesday, 26 October 2016 Chrissa Loukas SC will present a practical advocacy seminar on appeals to the Court of Criminal Appeal. The seminar, to be co-chaired by the Hon Justice Fullerton and Stephen Odgers SC, incorporates both severity and conviction appeals. The emphasis will be on the essentials of written submissions and oral advocacy. This seminar has been organised by the New Barristers Committee. Learn more here

Registration is required. Please send your RSVP response to Greg Antipas, Chair, New Barristers Committee at gantipas@wentworthchambers.com.au

The seminar will be held at 5.15pm in the NSW Bar Association Common Room

Commonwealth Director of Public Prosecutions - New Panel Arrangements For Engaging External Counsel From The Bar

Mon Oct 24 2016

The Commonwealth Director of Public Prosecutions (CDPP) is soon launching a new External Junior Counsel Panel and invites barristers to apply to be appointed to the Panel for up to four years: 2016-2020.

The Panel is designed to formalise our arrangements with suitably qualified barristers eligible to be briefed in federal criminal matters on behalf of the prosecution.

This new Panel approach will allow the CDPP to boost the number of junior counsel briefed, improve gender equity in our briefing practices and create a quick and easy application process for members seeking to be briefed by us. Further, by having a Panel which is reviewed every four years, the CDPP can ensure that the advocates it briefs have up-to-date and relevant experience to undertake prosecution work for the CDPP.

There is no cap on the number of barristers included on the panel and both new barristers and those currently briefed by the CDPP will need to apply.

A factsheet which provides greater detail about the Panel is attached.

Applications will open on 27 October 2016 and close on 13 November 2016, and must be submitted via the CDPP website

For more information, please email counselpanel@cdpp.gov.au

Election of 2017 Bar Council - the Ballot

Mon Oct 24 2016

Ballot papers for the election of the 2017 Bar Council have been mailed to all those eligible to vote.

Return of ballot paper The envelope containing the ballot paper must bear the name of the member casting the vote to be valid. Envelopes that do not bear the name of the member casting the vote cannot be counted. Please note that failure to return your ballot paper in an envelope on which your name is legibly printed will invalidate your vote.

How many candidates may you vote for? A change in the Association’s Constitution means there is no longer a requirement to vote for a minimum number of senior counsel. Members may vote for up to 21 candidates in any category.
The ‘How to Vote’ instruction booklet that was issued with each ballot paper contains detailed information about how a valid vote is cast. Members should take care to complete the ballot paper in accordance with the instructions provided. If any member has a query concerning the completion of the ballot paper they should contact the Bar Association for assistance.

Poll deadline Ballot papers received after 1.00pm on Thursday, 3 November 2016 will not be counted.

Replacement of ballot papers Any member who loses or spoils his or her ballot paper may obtain and complete a replacement ballot paper before the close of poll. In all such cases, immediate contact should be made with the Certification Officer, Mr Barrie Anthony on ph. 9232 4055 or e-mail banthony@nswbar.asn.au.

Alastair McConnachie Deputy Executive Director & Returning Officer 24 October 2016

Voicecoach Voice & Performance Skills Workshop

Mon Oct 24 2016

Nervous about your Performance in Court? Voice & Performance Skills Workshops with Lucy Cornell and Christina Koch will be held on 8 and 15 November at 5.00pm in the Bar Association Common Room. The workshops are open to any practising barrister. The cost is $600 + GST per person.

Numbers are limited (max 12). Book at www.voicecoach.net/store or on 02 9299 7978

2 CPD Points | Barristers' Skills Strand

Toongabbie Legal Centre Saturday seminar

Fri Oct 21 2016

The Toongabbie Legal Centre will hold a one-day continuing legal education seminar on "Employment Law" on Saturday, 29 October 2016 in the conference room at Ashurst, 5 Martin Place, Sydney. Learn more here.

Celebrating 100 Years of the Commonwealth solicitor-general

Fri Oct 21 2016

The Australian Association of Constitutional Law, together with the Gilbert + Tobin Centre for Public Law, invite members to attend an event marking the centenary of the Commonwealth solicitor-general on Monday, 24 October 2016 at 6.00pm – 7.30pm in the Banco Court, Level 13, Queens Square. Sir Anthony Mason AC KBE QC will provide opening remarks, and will be followed by a panel discussion with the Hon Robert Ellicott QC, Dr Gavan Griffith AO QC, Dr David Bennett AC QC and the Hon Justice Stephen Gageler. The event will be chaired by Associate Professor Gabrielle Appleby. Learn more here.

In conjunction with the Gilbert + Tobin Centre of Public Law. Registration is free but essential. Click here.

Legal Aid NSW Care and Protection Panel

Fri Oct 21 2016

The Legal Aid NSW Care and Protection Panel (the panel) is open for new applications and applications for reappointment by current panel members. Current panel members due for reappointment must apply for reappointment to the panel if they wish to continue to undertake legally aided care and protection matters. Panel members who are due to reapply, will be directly notified by email.

Current panel members who are unsure whether they are required to apply for reappointment can contact Professional Practices on (02) 9219 5662 or at panels@legalaid.nsw.gov.au.

New applications and applications for reappointment must be submitted through the Panels Application website by Sunday, 4 December 2016 for consideration by the Selection Committee. Applications received after this date will not be considered until the next Selection Committee meeting to be scheduled sometime in 2018.

Information about the panel is available on the panels, audit and practice standards web page. This contains additional information that can be viewed or downloaded:

For any further enquiries regarding the panel, please email panels@legalaid.nsw.gov.au

Breaches of ADVOs less than often presumed

Fri Oct 21 2016

NSW Bureau of Crime Statistics and Research (BOCSAR) has released new research which finds that Apprehended Domestic Violence Orders (ADVOs) are more effective than they are often portrayed by elements of the media. Learn more here.

Yarramundi lecture - Western Sydney University, Monday 24 October 2016, 6pm

Thu Oct 20 2016

Members are invited to the 2016 Yarramundi Lecture, which will discuss the topic ‘Is a treaty the best way to ensure the rights of First Peoples?’.

The annual Yarramundi Lecture was established in recognition of the Darug people and has become central to Western Sydney University’s longstanding commitment to our Aboriginal and Torres Strait Islander communities. It provides students, staff and the community with an opportunity to attend a forum discussing issues of local and national significance.

This year’s lecture will be held on Monday 24 October at the Ian and Nancy Turbott Auditorium (Building EE) on the University's Parramatta South campus from 6pm.

The discussion will be led by a panel of high-profile participants including Warren Mundine AO, Chairman of the Indigenous Advisory Council; Jeff McMullen AM, journalist, author and filmmaker; Shireen Morris, Senior Policy Adviser and Constitutional Reform Research Fellow at Cape York Institute; and Dr Alexis Wright, Distinguished Research Fellow with the University’s Writing and Society Research Centre.

To register to attend, please complete the online RSVP form

Free parking will be available on campus.

UPDATE: Implementing the Equitable Briefing Policy at the Commercial Bar

Thu Oct 20 2016

Following last week’s Panel CPD on this topic, the wording of the policy in relation to barristers has been amended so that the role and commitment of barristers who adopt the policy is now expressed in terms of making “all reasonable endeavours to ensure that all recommendations they make of other barristers include at least one woman, unless there is no qualified woman”.

The members of the Panel (Steven Finch SC, John Sheahan QC, Andrew Bell SC, Liz Cheeseman SC) will now adopt the Policy and encourage members to consider doing so.

The Policy is available on the Law Council of Australia website Sign up to the Policy here