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For the diary: seminar on international law and the South China Sea

Thu Nov 24 2016

On Tuesday, 29 November Gilbert + Tobin and the International Law Association will host 6 St James' International's Dr Christopher Ward SC and Professor Tim Stephens at an evening seminar to discuss the consequences of recent developments in international law regarding the South China Sea (including the recent arbitral award from the Permanent Court of Arbitration in the Hague, and its implications for Australia) in the context of a rapidly changing geo-political environment in our region. The seminar will begin at 6.30pm for a 7.00pm start in the offices of Gilbert + Tobin, L35, Tower Two, International Towers Sydney, 200 Barangaroo Avenue, Barangaroo. Attendance is free but RSVP for catering purposes. To register or to learn more, click here.

NSW Bar presents on direct briefing at Association of Corporate Counsel National Conference

Thu Nov 24 2016

The Association of Corporate Counsel National Conference is being held in Canberra this week.

As part of yesterday’s program, a direct briefing masterclass session was presented on behalf of the NSW Bar by Elizabeth Cheeseman SC and Caspar Conde from the Bar Association’s Practice Development Committee, along with Terri Esparza, Head of Litigation, TAL Life Limited. Michelle Painter SC from the Practice Development Committee presented the ACC Excellence in Corporate Social Responsibility Award on behalf of the NSW Bar Association at the ACC Australia In-house Lawyer Awards Dinner last night.

Today, Kate Eastman SC spoke for the New South Wales and Australian bar associations about the Law Council's Gender Equitable Briefing Policy and in-house counsel. She shared the panel with Michael Kirby, Michael Rowe (Head of Legal MetLife) and Helen Watchirs (ACT Human Rights).

The direct briefing panel panel session focussed upon how in-house counsel can brief the Bar direct on a range of matters involving dispute resolution and beyond, including informing and setting corporate strategies, policies and responses. In conjunction with the session, members of the NSW Barristers Clerks Association attended the conference to provide practical advice to in-house counsel delegates on how to find the right barrister for their particular needs. These initiatives emphasised the utility of the Association’s Find a Barrister facility, which now allows searches to be made by reference to whether a barrister accepts briefs direct from in house counsel and barristers who have a CV available on their profile. Members who have not done so already are encouraged to update their Find a Barrister profiles to incorporate this information.

Bar Council business for September-October 2016

Wed Nov 23 2016

Bar Council met on 1 and 8 September and 6 October 2016 in the boardroom of the New South Wales Bar Association. Matters reported elsewhere in In Brief are omitted from this summary of Bar Council business. Bar Council regularly considers requests by the attorney general, the courts and other agencies for advice on proposed legislation. Because that advice is sought on a confidential basis, it is not noted here. Any member interested in a particular matter should contact the executive director. View the minutes for 1 September; 8 September; & 6 October.

South Australian silks

Wed Nov 23 2016

The South Australian Bar Association has announced the appointment of six new senior counsel: Graham Edmonds-Wilson SC; Scott Henchliffe SC; Simon Ower SC; the Hon John Rau SC; Emily Telfer SC; and Michael Wait SC.

LCA backs measures to fight "revenge pornography"

Wed Nov 23 2016

The Law Council has backed the federal government's planned public consultation on civil penalties for perpetrators and sites that host "revenge pornography", as well as an expanded role for the Office of the Children's eSafety Commissioner.

"Our laws need to keep pace with shifting technology and culture and currently they do not adequately capture the social and psychological harm that results from the use of sexual imagery to cause harm and distress", said Law Council of Australia President Stuart Clark AM.

View the Law Council's media release here.

Local Court sitting arrangements in the Christmas-New Year period

Wed Nov 23 2016

The chief magistrate has announced this year's sitting arrangements for the Christmas - New Year period. Normal rostered sittings will: apply up to and including Thursday, 22 December 2016; be suspended on and from Monday, 26 December 2016; and recommence on Monday, 9 January 2017. In respect of Friday, 23 December, magistrates may elect to preside in court in order to complete part-heard matters, or they may complete outstanding chamber work, judgments or administrative duties either at home or in chambers.

ADULT PERSONS IN CUSTODY ON WEEKDAYS THAT ARE NOT PUBLIC HOLIDAYS

Monday, 26 December through Friday, 6 January 2017

Metropolitan area

Two acting magistrates will be rostered at Parramatta Local Court to determine bail for adult persons who remain in custody in the metropolitan area and to consider any urgent applications for Apprehended Violence Orders that are lodged statewide. All adults, remanded in custody within the Sydney Metropolitan area, are to be dealt with via audio visual link facilities at Parramatta Local Court from correctional facilities.

Regional areas

Regístrars of the court will conduct bail hearings when required at regional locations.

General instructions for authorised justices conducting adult bail courts

Authorised justices are to adjourn matters involving persons in custody to the next sitting day of the court (or circuit if applicable) from which that matter arises on or after 6 January 2017 wherever possible. Should an accused person be refused bail and not consent to the adjournment beyond the statutory period the matter should not be adjourned to Parramatta Local Court, unless arrangements have been made with the relevant registrar for the listing of the matter before a magistrate.

CHILDREN'S COURT - JUVENILES IN CUSTODY ON WEEKDAYS THAT ARE NOT PUBLIC HOLIDAYS

Currently there is no legislative authority to allow for the Children's Court to conduct the bail hearings on 23 December 2016 via audio-visual link.

Monday, 26 December to Friday, 6 January 2017

Two acting magistrates with experience in the operation of the Children's Court will be rostered at Parramatta Children's Court to determine bail applications, urgent applications for Apprehended Violence Orders and urgent applications for care and protection orders from across the state.

Any juvenile who is taken into custody and refused bail by police is to be transported to the nearest detention centre and brought before Parramatta Children's Court via audio visual link from that detention centre. Please note that in regional areas where long distances are required to transport the young person to the detention centre it may be preferable to initially place the juvenile before the registrar (if available) for bail determination and if bail is subsequently refused by the registrar the matter is to be adjourned to the following day to appear via audio visual link facilities before the magistrate at Parramatta Children's Court.

APPREHENDED VIOLENCE ORDERS

Magistrates will be available at Parramatta Children's Court and Local Court on weekdays that are not public holidays to determine urgent applications only during court sittings hours.

Weekends and public holidays

Bail courts will operate in accordance with normal arrangements.

Tennis Day 2016 - join the reserves list

Tue Nov 22 2016

Following a very enthusiastic response to notice of the Tennis Day 2016 on 20 December 2016, the available 24 spots for players have been filled. Experience with the vagaries of practising in December suggests that some players will withdraw from playing, so some space might become available. If you would like to place your name on the reserves list, please let Richard Lancaster know, preferably by email to jennifer.campbell@stjames.net.au. As with the registration of players to date, this will be done on a first-come, first-served basis.

NSW Lawyers Orchestra to hold final concert of 2016

Tue Nov 22 2016

Members are welcome to join the NSW Lawyers Orchestra for their concert of cinematic masterpieces on Sunday, 27 November 2016 at 2.30pm in John Painter Hall, 1-15 Foveaux Street, Surry Hills (opposite Central Station). Children and families are welcome. Read the program here.

Victorian silks appointed

Tue Nov 22 2016

Chief Justice Marilyn Warren AC, today announced the appointment of 18 senior counsel in the State of Victoria. Learn more here.

The NSW IRC is moving

Tue Nov 22 2016

The Industrial Relations Commission is moving from its current premises at Chief Secretary’s Building to Level 17, 66 Goulburn Street (the Masonic Centre). The new premises are purpose-designed to meet contemporary service demands and will consolidate the IRC registry staff in one central CBD location.

The IRC’s last day at Chief Secretary’s Building is Friday, 23 December 2016 with the Industrial Relations Commission re-opening for business in its new premises on Monday, 9 January 2017. Part-heard (Sydney) matters will be heard at Chief Secretary’s Building until the end of 2016 and at 66 Goulburn Street from beginning of 2017.

For more information, please contact the IRC Registrar, Melinda Morgan, directly with any issues or concerns via email or phone 02 9258 0031

NSW Bar Association CPD Conferences 2017

Mon Nov 21 2016

Registrations are now open for the New South Wales Bar Association Regional CPD Conferences. The 2017 CPD Conferences have been confirmed for the following dates and locations:

  • Saturday, 18 February: North Coast (Ballina)
  • Saturday, 25 February: Newcastle
  • Saturday, 4 March and Sunday, 5 March: Orange
  • Saturday, 18 March: Parramatta
  • Saturday, 25 March: Sydney

For more details about each venue, speakers and the costs involved please click here

The conferences are run by registration only and places in each conference are strictly limited. To register and pay to secure your place please click here

Further speaker details will be made available over the coming weeks. These will be advertised in In Brief as well as on the NSW Bar Association Website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department on 02 9232 4919 or via e-mail cpd@nswbar.asn.au

For the diary: Singapore seminars on international arbitration in the Asia Pacific Region

Mon Nov 21 2016

On 7 December 2016, 12 Wentworth Selborne Chambers, in conjunction with the ICC International Court of Arbitration, Stephenson Harwood and Latham & Watkins, will be holding a conference at the Raffles City Convention Centre in Singapore on "Managing International Arbitration with a South East Asian Dimension." The program, with details on how to register for the event, is available here. On 8 December 2016, members of 12 Wentworth Selborne Chambers will also be speaking at Maxwell Chambers in Singapore on "International Arbitration in the Asia Pacific Region: Australia’s Contribution to Regional Jurisprudence". Details of this seminar including how to register, can be found here.

Reform and renewal in constitutional interpretation and legal education

Mon Nov 21 2016

Professor Michael Coper has had a distinguished career as a constitutional lawyer and educationalist, from influencing a dramatic change in the law on s 92 of the Constitution, to conceiving the pioneering Oxford Companion to the High Court of Australia, to urging law schools, nationally and internationally, to embrace a pervasive ethos of law reform, social justice and public service. The ANU is celebrating Michael’s career with a conference in his honour with over 20 eminent speakers ranging over new and different ways of thinking about and doing law and legal education, from the vagaries of legal doctrine, to the realities of the judicial process, to the insights we can draw from biography and imagery, to the purposes and values that underpin the role of law schools. Further information about the conference and registration can be found here.

AACL lectures in December and the new year

Mon Nov 21 2016

The Australian Association of Constitutional Law will host lectures on Monday, 12 December 2016 and Thursday, 16 February 2017.

Comparative Courts Roundup: Special Discussion on Future Directions for the US Supreme Court after Clinton v Trump

The lecture will be delivered by Associate Professor David Fontana (George Washington University), Professor Philip Weiser (University of Colorado) and Professor Rosalind Dixon (UNSW) on Monday, 12 December 2016 at 5.30pm – 7.00pm in Courtroom 18B, Federal Court of Australia, Queens Square.

In conjunction with the Gilbert + Tobin Centre of Public Law at UNSW and the US Studies Centre at the University of Sydney


2017 George Winterton Memorial Lecture: Sir Owen Dixon Today

The lecture will be delivered by the Honourable Professor William Gummow AC QC on Thursday, 16 February 2017 at 6.15pm for 6.30pm – 7.45pm in the Banco Court, Supreme Court of NSW, Queens Square.

More than half a century since his retirement and nearly 90 years since he joined the High Court, Sir Owen Dixon remains at the forefront of the judicial pantheon. Yet in the period following his death in 1972 some law teachers and even judges tended, to his detriment, to associate with Dixon the epithet "legalism"; this was seen to cloak undisclosed "policy choices" and, at best, as a crippling formalism. But even a cursory reading of decisions over the last 20 years reveals continued recourse to his judgments. This paper seeks to indicate how Dixon's reputation was acquired and the characteristics of his thought and work which today sustain much of that reputation.

Please register for the 2017 George Winterton Memorial Lecture.

AACL members are reminded to renew their membership.

The Spigelman Public Law Oration and Public Law Section Dinner

Mon Nov 21 2016
Tuesday, 22 November 2016, 5:15 Banco Court, level 13, Law Courts Building

The third Spigelman Public Law Oration will be delivered at 5.15pm tomorrow by the Hon Justice Virginia Bell AC. The topic is "Judicial legitimacy and the limits of review". The oration is open to all (no registration required) and will be followed by the annual dinner of the Public Law Section of the New South Wales Bar at 6.30 pm in Fratelli Parlamento, 229-231 Macquarie Street.

Cost: $145 pp (including GST)

The event includes a three course dinner, canapes and a selection of wine and other beverages. Please make cheques payable to New South Wales Bar Association and send to New South Wales Bar Association (Public Law Section), or use the EFT details below. Payment for those wishing to attend the dinner (the Oration itself is free) is requested by 16 November.

If you have specific dietary requirements, please contact Joanna Davidson.

For payment by EFT

Account name: NSW Bar Assn: BSB: 082080; Acct number: 509106596

Reference: Please include your name and “Law Dinner”

Please retain a copy of this document for your records. The Bar Association is not the organiser of this function – its role is limited to collecting funds on behalf of the organising committee. Neither tax invoices nor receipts will be issued in relation to this function.

For the diary: last sitting day for Bergin CJ in Equity

Fri Nov 18 2016

The final sitting day for the Hon Justice Patricia Bergin, CJ in Equity, is scheduled for 16 December. Her Honour will be in Commercial Directions and President Noel Hutley SC will speak briefly to farewell her at 9.15am. Wigs and robes are not required. InBrief will advise which courtroom as soon as that is known.

January 2017 Advanced Trial Advocacy Intensive: Hurry, bookings close today!

Fri Nov 18 2016

The Australian Bar Association's Advanced Trial Advocacy Intensive will be held in Sydney on 23-27 January 2017. The course is filling up and there are only a handful of places left. Applications close 18 November 2016. The coaching faculty will include Federal Court and Supreme Court judges, Australian and international counsel from New Zealand, South Africa, England and Malaysia as well as professional performance coaches with expertise in voice, movement and impact. Download a flyer and a registration brochure.

Bar Book Club Dinner and next meeting - RSVP by today

Fri Nov 18 2016

The Bar Book Club will be having an end of year dinner at La Rosa on Tuesday, 6 December 2016. If you haven’t yet responded to the invitation, please email Lisa Allen by Friday, 18 November 2016. Feel free to attend if you are interested in the Book Club but didn’t have time to get to any other meetings this year. The book for the first meeting of the new year is The Dinner by Herman Koch. A review can be found here. The date for the meeting will be advised next year.

William Lee: The first Chinese-Australian barrister in NSW

Fri Nov 18 2016

On Saturday, 19 November 2016 Malcolm Oakes SC will give a presentation to the Chinese-Australian Historical Society on William Lee - the first Australian of Chinese descent admitted as a NSW barrister in 1938. Lee's cases included a 1949 High Court challenge to the constitutional validity of the deportation of Chinese refugees in 1949. He was the barrister of choice in the Sydney Chinese community.

  • Time: 2:00pm-4:00pm
  • Cost: $15/$10 Members incl refreshments
  • Venue: Mitchell Theatre, Sydney Mechanics School of Arts, Level 1, 280 Pitt Street, Sydney
  • Enquiries: 0435 134 722 or via email: contact.cahs@gmail.com

NSW Bar Association CPD Conferences 2017

Fri Nov 18 2016

Registrations are now open for the New South Wales Bar Association Regional CPD Conferences. The 2017 CPD Conferences have been confirmed for the following dates and locations:

  • Saturday, 18 February: North Coast
  • Saturday, 25 February: Newcastle
  • Saturday, 4 March and Sunday, 5 March: Orange
  • Saturday, 18 March: Parramatta
  • Saturday, 25 March: Sydney

For more details about each venue, speakers and the costs involved please click here

The conferences are run by registration only and places in each conference are strictly limited. To register and pay to secure your place please click here

Further speaker details will be made available over the coming weeks. These will be advertised in In Brief as well as on the NSW Bar Association Website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department on 02 9232 4919 or via e-mail cpd@nswbar.asn.au

RACS launches judicial review referral service for fast track applicants

Thu Nov 17 2016

Professor Gillian Triggs was guest speaker when the Refugee Advice and Casework Service (RACS) last night officially launched its judicial review referral service for "fast track applicants". The service, called Justice for Refugees or "J4R@RACS" has a steering committee, of which the New South Wales Bar Association is a member.

The project aims to provide a judicial review referral service for "fast track applicants" (as defined in the Migration Act 1958) in New South Wales. It is for those seeking asylum who: arrived by boat between 13 August 2012 and 1 January 2014; have not been on Manus Island or Nauru for processing at any stage; and who have essentially been invited to apply for a Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV).

The service relies in part on support from a network of members of the New South Wales Bar who are administrative or immigration law specialists, or those looking to develop a practice in these areas, to provide advice on the prospects of success of an application for judicial review, and if positive, to provide representation in the Federal Circuit Court.

Bar Book Club Dinner and next meeting

Thu Nov 17 2016

The Bar Book Club will be having an end of year dinner at La Rosa on Tuesday, 6 December 2016. If you haven’t yet responded to the invitation, please email Lisa Allen by Friday, 18 November 2016. Feel free to attend if you are interested in the Book Club but didn’t have time to get to any other meetings this year. The book for the first meeting of the new year is The Dinner by Herman Koch. A review can be found here. The date for the meeting will be advised next year.

LCA calls for urgent action on Indigenous imprisonment

Thu Nov 17 2016

The Law Council of Australia has called for urgent action on Indigenous incarceration, following the release of Overcoming Indigenous Disadvantage Key Indicators 2016 - the latest in a series of biennial reports by the Productivity Commission. While the report found improvement in many areas of health, economic participation and aspects of education, the same could not be said with respect to imprisonment and hospitalisation for self-harm. Learn more about the PC report here.

Save the date : 2017 Personal Injury/Common Law Conference

Thu Nov 17 2016

The 2017 Personal Injury and Common Law Conference will be held at the Hilton Sydney on Saturday 11 March. The conference offers 5 CPD points.

Speaker details and online registration will be made available over the coming weeks. These will be advertised in In Brief as well as on the NSW Bar Association Website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department on 02 9232 4919 or via e-mail cpd@nswbar.asn.au