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AACL lectures in December and the new year

Mon Nov 28 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.

2016 Human Rights Awards ceremony

Mon Nov 28 2016

The 2016 Australian Human Rights Awards ceremony will be hosted by Magda Szubanski on 9 December from 12 noon to 3.00pm at the Westin Hotel Sydney. AHRC President Professor Gillian Triggs will give a short address to open the awards ceremony, followed by Dame Quentin Bryce, former governor-general and sex discrimination commissioner, who will deliver the keynote address paying special tribute to 30 years of human rights in Australia. Tickets are on sale now and include 2-course lunch and beverages. Purchase them here|utmcmd=referral|utmcct=/articles/7be4753ee4e26b4fd93440f819254235&utmv=-&utmk=262099469 "").

Opportunity to join Second Floor Wentworth Chambers

Mon Nov 28 2016

A well-appointed full-sized room (3,000 shares in CCL) is available for purchase on Second Floor Wentworth Chambers. With an attractive fit-out and windows to the light well, it provides a high standard of accommodation in chambers that have been fully renovated in the last 12 months. It includes extensive built-in shelving and furniture.

There are seventeen members of the Floor including two senior counsel and a number of senior juniors with strong practices in a variety of jurisdictions.

The sale price is $180,000. Reasonable offers will be considered. All enquiries and expressions of interest will be dealt with in the strictest confidence and should be directed to: Rhonda Dalton, ph: 9232 4466 or via email: rhonda.dalton@wentworthchambers.com.au

Vale Geoffrey Charles Herkes

Mon Nov 28 2016

Geoffrey Charles Herkes, former barrister and retired judge of the Workers Compensation Court, died at his home on Tuesday, 17 October 2006. A funeral service was held at St Andrew's Presbyterian Church on Friday, 20 October 2006.

NSW Bar Association CPD Conferences 2017

Mon Nov 28 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

Find a Barrister – CVs can be uploaded to members’ profiles

Fri Nov 25 2016

Many barristers have already added their CVs to their Find a Barrister profiles. Members who have not done so are encouraged to take advantage of the new facility (instructions below).

As previously reported in InBrief, use of find-a-barrister was promoted to in house corporate and government counsel as a means of finding barristers for their particular needs, whether in the context of direct briefing, briefing through external solicitors or as part of implementing the Law Council’s Equitable Briefing Policy at the Association of Corporate Counsel National Annual Conference in Canberra last week.

Members of the clerks association were in attendance and held one on one demonstrations of the Find a Barrister search facility.

The ability to refine a search by reference to the following criteria appear to be useful to in house counsel:

  • practice area and sub-practice area;
  • seniority;
  • willingness to accept direct briefs from in-house counsel;
  • existence of an attached CV on the barrister’s Find a Barrister profile;
  • gender.

Members who want their profiles to appear in searches limited by the "attached CV" field need to upload a PDF version of their CV to their find-a-barrister profile.

How to add your CV to 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] in the top right corner of the home page.

Click on the cog wheel next to your name. This will take you to the Member Dashboard page.

In the General Details section, click on the "upload your CV" button, browse to find your PDF CV on your system and select it.

The CV will then be automatically uploaded to your Find a Barrister profile.

Members can revise and update their CVs using the same approach as required in the future.

ABA High Court silk bows and dinner 2017

Fri Nov 25 2016

All new silks from 2016 will be invited to take their bows before the High Court of Australia at 3.30pm on Tuesday, 31 January 2017 in Courtroom 1. The dinner to mark the occasion will be held that evening in the Great Hall of the High Court at 7.00pm. All barristers, not just the new silks, and their partners are invited to attend. To RSVP, click here.

Office bearers of the NT Bar Association

Fri Nov 25 2016

Following the Annual General Meeting of the NT Bar Association on 22 November 2016, the individuals elected to the executive are: President Wade Roper; Vice-President Andrew George; Secretary Mark Thomas; and Treasurer Tarryn Brown.

NSW Lawyers Orchestra to hold final concert of 2016

Fri Nov 25 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 and order your tickets here.

2017 Personal Injury/Common Law Conference

Thu Nov 24 2016

Registrations are now OPEN for the 2017 Personal Injury and Common Law Conference, which will be held at the Hilton Sydney on Saturday 11 March.

The conference offers 5 CPD points.

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

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 will be made available over the coming weeks. The program 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 (9223 4919 or cpd@nswbar.asn.au).

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.

Opportunity to purchase or licence at 10th Floor St James Hall Chambers

Thu Nov 24 2016
Generous sized room available in Phillip Street location

We invite expressions of interest to either purchase or licence a well-appointed room at Tenth Floor St James Hall Chambers – a small, well regarded set of Chambers located in an ideal position on Phillip Street.

The room is of generous size with a large window and comes fitted with sleek wooden shelving and a robing cupboard.

Full details and photos of the room are available HERE.

All enquiries and written expressions of interest should be directed to our Clerk, Emily Giles, who can be reached on 02 9224 1501 or via email at clerk.10@stjames.net.au.

All enquiries will be afforded the strictest confidence.

A room for sale in State Chambers

Thu Nov 24 2016

A room in State Chambers, which will be available at the end of November 2016, is 28 square metres. This natural light filled room is located on the north-east corner of the top floor of 52 Martin Place and features floor to ceiling windows and extensive high quality shelving, cupboards and drawers. The sale price of the room is $20K on a walk in/walk out basis. Included in the sale is: all joinery; furniture; library; and stereo system.

The Floor has 5 senior counsel and 16 junior barristers with practices across a variety of jurisdictions. It is particularly strong in commercial, taxation, common law, constitutional/administrative and employment/industrial.

All enquiries will be treated with the strictest of confidence and should be directed to our Clerk, Fiona Hayden at clerk@statechambers.net

Room for sale in Frederick Jordan Chambers

Thu Nov 24 2016

External room for sale on 5th floor, Frederick Jordan Chambers, 53 Martin Place. Comfortable light and airy, 14 square metres with built in shelving. Freshly painted. Sale includes desk and return, bookshelf and three chairs. Friendly collegiate chambers. Offered at $70K (negotiable). Contact Clerk of Chambers on 9229 7333.

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.

Large Room for Sale - Second Floor Wentworth Chambers

Wed Nov 23 2016

A large room (1 and 1/3 or 4000 shares in CCL) on the eastern side of Second Floor Wentworth Chambers is available for purchase. It would most suit a silk, aspiring silk or senior junior, with or without a PA, or else may be capable of subdivision into 2 smaller rooms.

The room has extensive “Rosewood” colour shelving and cupboards, and a Mitsubishi air-conditioner. There is also a large leather-topped desk with matching leather office chair, lounge and lounge chairs.

Current CCL Maintenance Contributions are $1,552.86 pm (incl GST) and SFWC Floor fees are $2,093.85 pm (incl GST).

The floor is fully networked to CCL, uses its VOIP telephone system, has a WiFi connection, and has its own website and electronic diary management by the Clerk. The floor has recently had a refurbishment of its common areas. There is also easy access from the floor to the Bar Library. The floor currently comprises 2 silks and 16 juniors, including 2 readers. Members practise in most jurisdictions and areas of practice. Floor members work together harmoniously.

The room may be inspected by prior arrangement with the clerk on 9232 4466 or clerk2@wentworthchambers.com.au. Price is available upon application and all enquiries will be dealt in the strictest confidence.

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