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Australian Law Reform Commission Discussion Paper on Incarceration Rates of Aboriginal and Torres Strait Islander Peoples Released (DP 84)

Mon Jul 24 2017

The Australian Law Reform Commission last week released its Discussion Paper 84: "Incarceration Rates of Aboriginal and Torres Strait Islander Peoples". The Discussion Paper contains a number of proposals aimed at reducing indigenous incarceration rates in Australia and raises a number of questions for comment.

Submissions close on 4 September 2017.

The Discussion Paper, along with details on the Commission's Inquiry and Terms of Reference can be found here

The Bar Council has established a specific Working Party to examine the over-representation of Indigenous People in the Criminal Justice System and prepare submissions to the Australian Law Reform Commission on this issue.

NSW Attorney General Announces Review of Child Abuse Civil Litigation Laws

Mon Jul 24 2017

The NSW Attorney General, the Hon Mark Speakman SC, has announced the release of a consultation paper on the civil litigation recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse.

The paper examines the Royal Commission’s remaining recommendations to hold institutions accountable for child abuse and to remove the barriers faced by victims when making civil claims and identifying a proper civil defendant.

Submissions are due on 4 September 2017. The consultation paper can be found here

Moses SC goes "On the Couch" with Justinian

Mon Jul 24 2017
Interviews

It's a rite of passage for presidents of the Bar Association and now Arthur Moses SC has gone "On the Couch" with Justinian. Learn more about the goals he's set for his presidency, his wish list for a better Australia, the contents of his refrigerator and a lot more besides.

Clerks’ Conference & Dinner – Money raised for The Katrina Dawson Foundation

Mon Jul 24 2017
Charity at the bar

On behalf of the NSW Barristers’ Clerks Association and the NSW Bar Association, we are delighted to announce that $6,840 was raised for The Katrina Dawson Foundation at the 2017 Clerks’ Conference and Dinner on Friday 21st July. All money raised was from the proceeds of the dinner tickets and from generous donations made at the event. Thank you to all those who supported the 2017 Clerks’ Conference and Dinner.

Advocating interlocutory applications: practice and pitfalls

Mon Jul 24 2017
Coming up in CPD this week - Thursday, July 27 2017

Presented by The Honourable Justice Jayne Jagot, Federal Court of Australia; Vanessa Whittaker, Eleven Wentworth and Clarissa Amato, Banco Chambers. Chaired by Kate Richardson SC, Chair, Women Barristers Forum. For full details please download a flyer here. The seminar will commence at 5.15pm in the Bar Association Common room.

BarADR Arbitration Approval Q&A

Mon Jul 24 2017
CPD - Monday, 31 July 2017

Presented by Peter Callaghan SC, Anthony Lo Surdo SC and Philip Bambagiotti. Chaired by Ian Davidson SC. For full details please download a flyer here

The panel of experienced Arbitrators will address any questions arising from participants. This Q&A session is a follow on from the BarADR Arbitration Approval Information Evening held on 18 July 2017. If you were unable to attend the BarADR Arbitration Approval Information Evening please view the seminar here (Please note a username and password in is required). Attendance at, or the online viewing of, the seminar conducted on 18 July 2017 forms a compulsory part of the approval process for new BarADR Arbitrators.
This seminar will commence at 5.15pm in the Bar Association Common Room.

Katrina Dawson Award: applications close 1 August 2017

Mon Jul 24 2017
Awards

Katrina Dawson was a much loved member of the New South Wales Bar, where she excelled. She was tragically killed during the Lindt Cafe siege. The Katrina Dawson Award seeks to encourage women to practise at the bar. The award is open to women who have passed the New South Wales Bar exam and committed to enrolling in a Bar Practice Course within 18 months of winning the award.

Vale David Fulton Rofe QC (1932-2017)

Sun Jul 23 2017

Mr David Rofe QC died on Friday, 21 July 2017. Members will be advised of funeral and memorial arrangements as soon as they are known.

Next meeting of the Bar Knitting Group

Sun Jul 23 2017

All interested barristers are invited to attend the next meeting of the Bar Knitting Group. It will be held on Tuesday, 25 July 2017 from 6.00pm in the Bar Library. Bring your own needles, and wool etc. Instruction available if required. Patterns for the wig pictured will be available.

Light refreshments will be served.

Annual Criminal Law Dinner

Sun Jul 23 2017

Tickets are still available for the Annual Criminal Law Dinner and presentation of the Terry Keaney Award on Thursday 3 August at the International Convention Centre, Cockle Bay Room, Darling Harbour, from 6:00pm to 12:00am. Speaking at the dinner will be the Honourable Justice Lucy McCallum.

Terry Keaney was a barrister at Frederick Jordan Chambers and then a Public Defender before he passed away in the prime of his life. The award named in his honour is for service above and beyond the call of duty by a criminal defence lawyer.

The event is held under the auspices of Legal Aid NSW and is already well attended by a diverse range of barristers, solicitors and judicial officers. Usually sold out well in advance, this year’s change to a larger venue means that more tickets are available. However, they are selling fast. Full details, including how to obtain tickets, are contained in the attached flyer.

BarADR Arbitration Approval Q&A

Fri Jul 21 2017
CPD - Monday, 31 July 2017

Presented by Peter Callaghan SC, Anthony Lo Surdo SC and Philip Bambagiotti. Chaired by Ian Davidson SC. For full details please download a flyer here

The panel of experienced Arbitrators will address any questions arising from participants. This Q&A session is a follow on from the BarADR Arbitration Approval Information Evening held on 18 July 2017. If you were unable to attend the BarADR Arbitration Approval Information Evening please view the seminar here (Please note a username and password in is required). Attendance at, or the online viewing of, the seminar conducted on 18 July 2017 forms a compulsory part of the approval process for new BarADR Arbitrators.
This seminar will commence at 5.15pm in the Bar Association Common Room.

Advocating interlocutory applications: practice and pitfalls

Fri Jul 21 2017
Coming up in CPD Next Week- Thursday, July 27 2017

Presented by The Honourable Justice Jayne Jagot, Federal Court of Australia; Vanessa Whittaker, Eleven Wentworth and Clarissa Amato, Banco Chambers. Chaired by Kate Richardson SC, Chair, Women Barristers Forum. For full details please download a flyer here. The seminar will commence at 5.15pm in the Bar Association Common room.

Court and tribunal fee increases

Thu Jul 20 2017
Court fees

Attorney General Mark Speakman SC has written to President Arthur Moses SC, notifying him of a 2.13% increase from 1 July to court and tribunal fees. In addition there will be an increase in the fee charged by court registries to retrieve files from offsite storage facilities (to $80). There will now be a prescribed fee for the Supreme Court Registry to reissue documents due to errors caused by the legally represented party seeking its reissue. Information about court fees is available here.

Juror and Crown witness attendance allowances have increased by 2.1% for matters of more than 11 days.

Accountability and the Law 2017 Conference - four weeks to go

Thu Jul 20 2017
17 August 2017 at Parliament House, Canberra

With experts from across legal and academic fields, the Accountability & the Law Conference will discuss the weaknesses in the current federal accountability system and suggest mechanisms for reform, including the establishment of a federal anti-corruption commission. Speakers include former NSW Director of Public Prosecutions Nicholas Cowdery AM QC, counsel assisting ICAC Geoffrey Watson SC, Federal Shadow Attorney General Mark Dreyfus QC MP and barristers Bret Walker SC and Fiona McLeod SC. For the full program click here. For further information and to purchase tickets please visit www.accountabilityconference.org.au

Steven Finch SC appointed to the Professional Standards Council

Thu Jul 20 2017
Appointments

The minister for innovation and better regulation has, upon a recommendation of the president of the New South Wales Bar Association, supported by the Law Society of NSW, confirmed the appointment of Steven Finch SC to the Professional Standards Council.

State Reports New South Wales now available online

Thu Jul 20 2017
Law reports

As readers of InBrief's august sister publication, the Bar Library Bulletin, will know, the entire State Reports (NSW) report series is now available to read online for free on the NSWLR website www.nswlr.com.au or you can download a PDF copy of an individual case using the pay-per-view facility. Chief Justice Tom Bathurst AC officially launched the online collection at an event at the Supreme Court on 28 June 2017. Read the joint media release from the Council of Law Reporting for NSW and Thomson Reuters here.

Child sexual abuse, memory and complainants' evidence

Thu Jul 20 2017
Reports to note

The Royal Commission into Institutional Responses to Child Sexual Abuse has published a report, Empirical Guidance on the Effects of Child Sexual Abuse on Memory and Complainants’ Evidence. In a letter to the president of the Bar Association, Arthur Moses SC, the Hon Justice Peter McClellan AM, chair of the commission, predicted that the report will be relevant to judicial officers, the legal profession, expert witnesses and teachers of law. Copies can be found on the royal commission's website.

2017 Victims' Voices Conference: Making Stronger Connections

Thu Jul 20 2017
Conferences

The Royal Commission into Institutional Responses to Child Sexual Abuse has put the criminal justice system under the microscope. This conference will build on the work of the royal commission, understand what victims have said about their experiences and explore what can be done to improve processes to ensure agencies make the best possible connection with victims of crime. This conference in Sydney on 2 August 2017, organised by the ODPP NSW, will be of interest to prosecutors, witness assistance officers and other professionals involved in the provision of advice and support to victims of crime.

Access the full agenda and register for this course via the eventbrite page here.

NSWLR print subscriptions

Thu Jul 20 2017

Annual print subscriptions for the New South Wales Law Reports are now due for renewal. A reminder that if you have been at the Bar less than five years you can buy a print subscription for half price. For pricing please visit the website www.nswlr.com.au or contact NSWLR Customer Service at sales@nswlr.com.au or (02) 9223 9028.

Senior counsel applications: deadline is 28 July

Thu Jul 20 2017
Senior counsel 2017

President Arthur Moses SC invites applications for appointment as senior counsel for 2017. Applications must be completed online. The deadline for applications is Friday, 28 July at 5.00pm. The principles governing selection and appointment of senior counsel are set out in the Senior Counsel Protocol and the Guide to Practical Aspects of Appointment of Silk in New South Wales. Applications must be completed online and must include a photograph. It is intended the names of successful applicants will be announced on or before the first Friday in October.

Barristers Classifieds

Wed Jul 19 2017
Services and benefits

InBrief publishes Barristers Classifieds each Wednesday. Individual notices will remain here until they are sold. The Barristers Classifieds website has been de-commissioned while a new version is developed, offering more value-adding functions and improved user experience. Members will be advised of delivery date. For more information contact InBrief here.

Rooms for sale or license in Frederick Jordan Chambers

External room for sale on level 1

  • 2 windows overlooking Elizabeth Street.
  • 24 m2
  • $65,000
  • Monthly rent and outgoings $3650 plus GST

External room for sale on level 2

  • 1 window overlooking Martin Place.
  • 18.5 m2
  • $40,000
  • Monthly rent and outgoings $3280 plus GST

External room for sale on level 2

  • 2 windows overlooking Martin Place.
  • 19.5 m2
  • $120,000
  • Monthly rent and outgoings $3355 plus GST

Internal room for sale on level 4

  • Modern fitout
  • 14 m2
  • $25,000
  • Monthly rent and outgoings $2880 plus GST

Room for license

  • Internal room on level 5
  • 14 m2
  • Monthly rent $1530 plus GST
  • Monthly outgoings $1355 plus GST
  • Rental subsidy may apply- please enquire

Contact Elleanor Gillard, Clerk to Chambers on phone 9229 7333 or email clerk@fjc.net.au for further information.

Two Single Rooms for Sale on Third Floor Wentworth Chambers

Practise in the Original Home of the NSW Bar.

Two full sized standard rooms are available now for purchase on the Third Floor, Wentworth Chambers. They comprise 3,000 shares each in Counsels Chambers Limited (CCL). Each room has a traditional fit-out with large built-in cupboards, shelving and robing space. One of them has a split-system air conditioner. They are available for inspection at any time.

The floor has been operating for 60 years and has 14 busy senior junior barristers, and one silk. Floor fees are modest and the floor has the benefit of fast CCL broadband internet, telephony and secure wireless throughout the building. It has been renovated in recent years by CCL with wide windows in brushed chrome that provide an abundance of natural light. The rooms face the western side of the Law Courts building, Lockhart chambers and Beanbah chambers. For more information about the floor visit www.3wentworth.com.au Price: Must sell. Price is negotiable.

Opportunity to join 13th Floor St James Hall

Expressions of interest are invited to join 13th Floor St James Hall. The available room would suit a senior, junior or senior junior barrister and is fully fitted out with shelving and cupboards. It is 6 m x 3.5 m, located on the Phillip Street side of the building and receives natural light.

13th Floor St James Hall has 7 silks and 17 juniors with a variety of practice areas including administrative law, commercial, common law, crime, defamation, equity and trusts, intellectual property, native title, real property, and succession. There is an extensive floor library with most loose leaf services, internet facilities and a large conference room for the use of floor members. If you would like to arrange a time to view the room, please contact the Clerk, Eugenie Crosby. All enquiries and written expressions of interest should be directed to the Clerk at clerk.13@stjames.net.au. Expressions of interest will be afforded the strictest confidence.

Room for sale on 7th Floor Garfield Barwick Chambers

A large corner room has become available for sale. The room is 5m x 5m with two windows onto Elizabeth Street and would suit a silk or senior junior. Inclusions are built-in shelving, a robing cupboard, blinds and curtains. The floor has 3 Senior Counsel and 11 juniors who predominantly practise in crime, common law, administrative, tax and commercial law. The floor has a separate conference room and an extensive library. Total monthly outgoings on the room are $3951.03 plus GST. Enquiries should be made to the floor clerk, Mark Grace on 9224 5600 or mark.grace@7gbc.com.au

Opportunity to license/buy on 11th Floor Garfield Barwick Chambers

The room is a generously sized internal room with full wall library, large windows providing natural light, ample brief shelving, plenty of cupboard storage, mini fridge cupboard and a robing closet. Please contact Elisa Tringali with expressions of interest by email or on phone on (02) 9335 3091. All enquiries will be afforded strict confidence.

Law reports for sale

A retired magistrate and member of the Bar Association would like to sell Australian Law Reports (Vol.1-70, plus consolidated index) and New South Wales Law Reports (Vol.1-83, plus index). Open to offers to purchase book case as well. Enquiries: (02) 9969 8071.

Law reports and journals for sale

Reasonable offers accepted for all or some of the following, all in excellent condition:

  • New South Wales Law Reports, [1971] 1 NSWLR to (2016) 91 NSWLR, bound volumes, complete.

  • Western Australian Law Reports, (1991) 6 WALR to (2016) 50 WALR, bound volumes, complete

  • Tasmanian Law Reports (1991) 1 Tas LR to (2015) 23 Tas LR, bound volumes, complete

  • Australian Case Citator – complete 1825-2017, 16 bound volumes + updates to 2017

  • Australian Property Law Journal vol 1 to date, loose leaf folders, complete

  • Butterworths Property Reports, vol 1 to date, loose leaf volumes, complete

Contact: Peter Butt; (02) 9436 2400; peter.butt@sydney.edu.au

Desk for sale

I am a retired solicitor and have a very large Victorian era partner’s desk that I wish to sell. It is in fine condition with a green coloured tooled leather top and would be very suitable for a busy barrister requiring extensive work space. It has dimensions of approximately 1.8 m by 1.6 m. It has a sheet of clear glass of the same dimensions, if required, to protect the leather surface. The desk is in three parts: two pedestals with drawers on both sides and the desk top, which makes it convenient to move. The abundant work space is the particular attraction. Contact: Graham Bellamy, PO Box 597 Mosman 2088, grahambellamy@bigpond.com or ph: (02) 9969 8005

Amendment to Local Court Practice Note Civ 1

Wed Jul 19 2017
Practice and procedure

Amendments to Practice Note Civ 1: Case Management of Civil Proceedings in the Local Court took effect on Monday, 17 July 2017. Following recent amendments in regard to the making and determination of written applications for parties to appear and/or witnesses to give evidence via AVL or telephone, some further changes have been made to chapter 24 to take account of differences in procedure and terminology adopted in the Small Claims Division. View the amended practice note here.

Bar FC draw 2-2 with Investors Mutual

Wed Jul 19 2017
Bar sports

Bar FC started its preparations for the Tri State Championship taking place in September with a 2-2 draw against Investors Mutual in the Domain Soccer League today. With goals from both D’Arville and Morrison to level the score, it certainly looked as though a win was a real possibility as Bar FC had the better play in the second half. Player of the match was d’Arville who was given the job of man marking Investor’s playmaker and major threat. Frustrated by the attention he received, errors quickly followed allowing d’Arville to pounce and turn defence quickly into attack.

Our next game is 26 July 2017 at 1.15 p.m. All supporters of the team or lovers of the beautiful game are welcome. The squad today was a follows:

  • Justin Hogan Doran
  • Simon Philips
  • Sebastian Hartford Davis
  • Ivan Griscti
  • John Harris (GK)
  • Geoff O'Shea
  • Alexander Kuklik
  • Joe Hunter
  • Kate Stanton
  • Anais D'Arville
  • Tim Hackett
  • Hugh Morrison
  • Rico