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Commonwealth must legislate soon following marriage equality survey

Wed Nov 15 2017

Nation-wide, 61.6% have said Yes to marriage equality, the Australian Bureau of Statistics announced this morning. President Arthur Moses SC responded in a tweet: "It's important that legislation be passed as soon as possible to remove the discriminatory provisions of the Marriage Act." View the full results of the survey, including a breakdown of the result across all states and territories, as well as 150 federal electorates, here.

Supreme Court Rules amendment

Wed Nov 15 2017

On 6 November 2017 the Supreme Court Rules Committee approved Amendment No 13 to the Supreme Court (Corporations) Rules subject to a further amendment to rule 3.4(2)(a) to correct a typographical error. The rule commenced on 10 November 2017. Learn more here.

The amendment takes into consideration changes made by the Harmonisation Committee for the publication of notices for matters commenced under the Corporations Act 2001. The amended rules restore the requirement for publishing in print media for some insolvency notices where ASIC does not currently allow for online publication. The affected rules are 3.4, 5.6, 5.10, 5.11, 6.2 and 7.9.

Bench and Bar Tennis Day 2017

Wed Nov 15 2017
Bar sports

The annual bench and bar tennis doubles competition will be held on grass at the Royal Sydney Golf Club, Kent Road, Rose Bay on Tuesday, 19 December 2017. The Hon Susan Crennan Cup will be awarded to the best and fairest woman to play in the tournament, while the Hon Bryan Beaumont Cup and the Barbour Cup will also be up for grabs by the most successful doubles team. Download an entry form here to register your interest and we will be in touch with further details.

Updated costs assessment forms

Tue Nov 14 2017
Practice and procedure

Updated costs assessment forms have recently been uploaded on the Supreme Court website. From 1 January 2018 the registry will only accept these costs assessment forms for processing. In the meantime it is suggested that practitioners download these forms for ongoing use, as applications made not using the approved forms after 1 January 2018 will be returned. Practitioners need to consider this when making their application to ensure it is lodged within the relevant timeframe.

Review of Federal Court Practice Notes

Tue Nov 14 2017
Practice and procedure

On 25 October 2016, the Federal Court issued a suite of national practice notes, replacing its 60 previous practice notes and administrative notices. The court now has 27 national practice notes. These include the Central Practice Note (with guiding principles for case management), National Practice Area practice notes (relevant to specific practice areas) and General Practice Notes (applicable across National Practice Areas, or which address important administrative matters). More information about the Court’s practice notes is available here.

The General Practice Notes were issued on a "12-month review” basis to allow for detailed feedback (excluding the Class Actions Practice Note which, like the Court’s other practice notes, was subject to an earlier consultation process). That formal review period has now closed. The Court will review the feedback received, make any appropriate amendments to the practice notes and provide further updates when any changes occur.

Although the formal review period has closed, the Court continues to welcome feedback from the legal profession and other Court users in respect of all of the Court’s national practice notes. If you would like to provide any feedback about the Court’s practice notes, please send an email to the Deputy National Operations Registrar, David Pringle (practice.notes@fedcourt.gov.au) including a short summary of any important issues that you wish to bring to the Court's attention and your relevant contact details. The Court will consider all feedback and acknowledge receipt of all feedback provided.

Comparative Constitutional Courts Round-Up

Tue Nov 14 2017
Seminars

On Thursday, 7 December 2017 the Australian Association of Constitutional Law will co-host with the Gilbert + Tobin Centre of Public Law, UNSW and the United States Studies Centre, University of Sydney a discussion of developments in constitutional law around the globe. Speakers include Professor Rosalind Dixon (UNSW), Professor Simon NM Young (University of Hong Kong), and Professor Tonja Jacobi (Northwestern University). The event will take place between 5.30pm-7.00pm in courtroom 19A, Federal Court of Australia, Queens Square.

Supreme Court Registry operations

Mon Nov 13 2017

The Chief Justice of New South Wales, the Hon T F Bathurst AC, advises that the Supreme Court Registry will operate from the following locations:

  • Tuesday, 14 November. Industrial Relation Commission, 47 Bridge Street, from 9:00am – 4:00pm. Court of Criminal Appeal, Bails and Duty enquiries should be directed to Supreme Court staff located at the Land and Environment Court, 225 Macquarie Street. Please note from 2:00pm-4:00pm the Supreme Court registry staff at both locations will only receive and date stamp Supreme Court documents for later processing.

  • From Wednesday, 15 November, the Supreme Court registry counter will open at 9:00am on level 4 of the Law Courts Building, Queens Square. Please note all registry services will be provided from this counter. Viewing rooms are limited and some services may experience slight delays as urgent matters will be prioritised. Opening hours will be 9:00am – 5:00pm weekdays.

  • Members of the profession are reminded the online registry remains open 24/7 for online filing. More information is on the Supreme Court website.

Recent developments in Chapter III

Mon Nov 13 2017
Seminars

The Australian Association of Constitutional Law invites members to a discussion of recent High Court decisions on Chapter III: Graham v Minister for Immigration and Border Protection, Knight v Victoria, and Rizeq v Western Australia. It will take place on Tuesday, 21 November 2017 at 5.30pm-7.00pm in Courtroom 18B, Federal Court of Australia, Queens Square.

Speakers

  • Stephen Free (Eleven Wentworth)
  • Joanna Davidson (Sixth Floor Selborne Wentworth)
  • James Stellios (ANU / 6 St James Hall)
  • Chair: Celia Winnett (Sixth Floor Selborne Wentworth)

Save the date : 2018 Personal Injury/Common Law Conference

Mon Nov 13 2017

The 2018 Personal Injury and Common Law Conference will be held at the Hilton Sydney on Saturday 3 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

Coming up in CPD

Mon Nov 13 2017

Wednesday, November 22 2017: 'David and Goliath: A talk on the Yindjibarndi Aboriginal Corporation v Andrew Forrest’s Fortescue Metals Group'

Presented by Vance Hughston SC and Tina Jowett. Chaired by Stephen Lloyd SC. For full details please download a flyer here.

Tuesday, November 28 2017: 'Complaints Against Judicial Officers: The Role of the Judicial Commission'

Presented by Ernest Schmatt, Chief Executive, Judicial Commission of New South Wales and chaired by Arthuer Moses SC. For full details please download a flyer here.

All seminars will commence at 5.15 pm in the Bar Association Common Room, unless otherwise noted.

United Nations Day Lecture re-scheduled to 5 December

Mon Nov 13 2017
International trade law

The United Nations Day Lecture marking the 50th anniversary of the founding of UNCITRAL has been postponed to 5 December 2017 due to the closure of the Law Courts Building in Queens Square. Learn more here.

The lecture is an initiative of the UNCITRAL National Coordination Committee for Australia (UNCCA). The speaker will be Tim Castle, barrister and chair of UNCCA and the chair will be Chrissa Loukas SC. It will be presented around Australia to introduce lawyers, academics and students to the past and future work of UNCITRAL. Admission will be free, but registration is required.

NSW Bar Association CPD Conferences 2018

Mon Nov 13 2017

Registrations are now OPEN for the New South Wales Bar Association Regional CPD Conferences. For more details about each venue, speakers and the costs involved please click here

  • Saturday, 17 February 2018 - North Coast
  • Saturday, 24 February 2018 - Parramatta
  • Saturday, 10 March 2018 - Newcastle
  • Saturday, 17 & Sunday, 18 March 2018 - Orange
  • Saturday, 24 March 2018 – Sydney

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

Final Bar Book Club meeting for 2017

Fri Nov 10 2017
Wellbeing at the bar

The Bar Book Club will hold its final meeting of the year on 12 December 2017 at 6.00pm. The meeting will be followed at 7.00pm by dinner at Fix St James, (booking to be confirmed) or another suitable venue, if not. You are welcome to come to the meeting, or the dinner or both. If you would like to attend the dinner, please email Lisa Allen library@nswbar.asn.au.

Up for discussion will be In A Summer Swelter: The Charles Manson Murders by Simon Davis. Simon is a former NSW barrister who is clearly staying active in retirement. You can purchase hard copies from Amazon or Book Depository and a Kindle version is available on Amazon.

Positions vacant at the SIRA Dispute Resolution Service

Fri Nov 10 2017
Positions vacant

The State Insurance Regulatory Authority (SIRA) is seeking applications from experienced legal practitioners and personal injury and claims management insurance professionals. Applications should include a single page cover letter and three pages addressing the relevant selection criteria. Applications along with required documentation must be lodged on or before midnight Sunday, 19 November 2017. Learn more here.

The State Insurance Regulatory Authority (SIRA) regulates workers compensation, motor accidents CTP and home building compensation insurances in NSW. SIRA’s Dispute Resolution Services Division delivers the Motor Accidents Medical Assessment Service and Claims Assessment and Resolution Service, NSW and ACT CTP Lifetime Care Dispute Reviews, and the Workers Compensation Merit Review Service.

Queens Square update

Fri Nov 10 2017

The Chief Justice of New South Wales, the Hon T F Bathurst AC, advises the Law Courts Building will be open to the public from 8:00 AM on Wednesday, 15 November 2017. Members of the legal profession are asked to consult the published court list and website for up-to-date court locations.

Bar Association office bearers for 2018

Thu Nov 09 2017

At a meeting of the Bar Council on the evening of 9 November 2017, the following were elected as office bearers of the Bar Association:

  • President: Arthur Moses SC
  • Senior Vice-President: Tim Game SC
  • Junior Vice-President: Chrissa Loukas SC
  • Treasurer: Andrew Bell SC
  • Hon. Secretary: Anna Mitchelmore

Celebrating the appointment of women senior counsel 2017

Thu Nov 09 2017
Diversity

Members of the Bar are invited to celebrate the 2017 appointments of women senior counsel, with guest speaker, Mary Gaudron QC. The event will be held at Verandah Bar Restaurant on Tuesday, 14 November from 5:30pm. All members are welcome. Please register here.

Coming up in CPD

Thu Nov 09 2017

Wednesday, November 22 2017: 'David and Goliath: A talk on the Yindjibarndi Aboriginal Corporation v Andrew Forrest’s Fortescue Metals Group'

Presented by Vance Hughston SC and Tina Jowett. Chaired by Stephen Lloyd SC. For full details please download a flyer here.

Tuesday, November 28 2017: 'Complaints Against Judicial Officers: The Role of the Judicial Commission'

Presented by Ernest Schmatt, Chief Executive, Judicial Commission of New South Wales and chaired by Arthuer Moses SC. For full details please download a flyer here.

All seminars will commence at 5.15 pm in the Bar Association Common Room, unless otherwise noted.

Save the date : 2018 Personal Injury/Common Law Conference

Thu Nov 09 2017

The 2018 Personal Injury and Common Law Conference will be held at the Hilton Sydney on Saturday 3 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

NSW Bar Association CPD Conferences 2018

Thu Nov 09 2017

Registrations are now OPEN for the New South Wales Bar Association Regional CPD Conferences. For more details about each venue, speakers and the costs involved please click here

  • Saturday, 17 February 2018 - North Coast
  • Saturday, 24 February 2018 - Parramatta
  • Saturday, 10 March 2018 - Newcastle
  • Saturday, 17 & Sunday, 18 March 2018 - Orange
  • Saturday, 24 March 2018 – Sydney

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

Tonight: The 2017 Annual Plunkett Lecture

Thu Nov 09 2017

Thursday, 9 November 2017: Mark Tedeschi AM QC will deliver the Annual Plunkett Lecture on 9 November 2017 at 5.15pm in the NSW Bar Association Common Room, to be chaired by the Attorney General, the Honourable Mark Speakman SC. Mr Tedeschi is the Senior Crown Prosecutor in New South Wales and the author of ‘Murder at Myall Creek: The Trial that Defined a Nation’, published by Simon & Schuster in 2016. Mr Tedeschi will deliver a lecture titled "John Hubert Plunkett QC and the Myall Creek murder trials."

Retirement Celebration - Mr Ian Barker QC

Thu Nov 09 2017
Social events

Members of the NSW Bar Association are invited to attend an event for Mr Ian Barker QC, celebrating his retirement. The event will be held Friday, 10 November in the New South Wales Bar Association Common Room. Speaking for Mr Ian Barker QC will be Mr Michael Adams QC. The event begins at 5.30pm with speeches beginning at 5.45pm. Please RSVP for catering purposes at events@nswbar.asn.au

Federal Court of Australia – NSW Registry – Closure of Law Courts at Queens Square – Update

Wed Nov 08 2017

The Law Courts at Queens Square will remain closed to the judiciary, the profession and the public until at least 14 November 2017. The following provides an update on the arrangements for Federal Court matters listed between 9 and 14 November 2017 and the temporary registry.

Where feasible the Court has made alternative arrangements for matters listed between 9 and 14 November 2017 to proceed in different locations such as the Lionel Bowen Building. Parties will be advised, via email, the new venue information as soon as it is known and should also check the daily court list on the Court’s website to see where matters are listed. For matters that cannot be accommodated during this period, the judges’ chambers will contact parties to advise the listing will not proceed.

It is envisaged that matters listed from 15 November 2017 will proceed as listed, unless parties are advised otherwise by the judges’ chambers.

A temporary Federal Court NSW Registry has been set up at the Family Court of Australia Registry, Lionel Bowen Building, Gnd Floor, 97-99 Goulburn Street, Sydney for paper filings and enquiries. Practitioners are urged to utilise the Court’s electronic filing system and if parties have a query for the NSW Registry, please email nswdr@fedcourt.gov.au or alternatively call (02) 9230 8567. In relation to exhibits, they will only be available for inspection where the exhibit has been digitally produced.

The Court regrets this unavoidable inconvenience and will provide ongoing updates.

Review of Commonwealth Legal Services

Wed Nov 08 2017
Direct briefing

The Australian Government has today released the 2016 Review of Commonwealth Legal Services Report. The association is currently reviewing the report and is considering putting submissions in response to the review. The report indicates, among other things, that Australian Government in-house lawyers briefed the bar direct in 58 per cent of matters involving counsel in 2014-15.