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United Nations Day Lecture re-scheduled to 5 December

Wed Nov 22 2017
International trade law

The United Nations Commission on International Trade Law (UNCITRAL) was founded 50 years ago. The United Nations Day Lecture will be held on Wednesday, 5 December 2017 in Court 1, Federal Court of Australia, Queens Square between 5.15pm and 6.30pm. 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. Learn more here.

NSW Bar Association CPD Conferences 2018

Wed Nov 22 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

Coming up in CPD tonight

Wed Nov 22 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.

This seminar will commence at 5.15 pm in the Bar Association Common Room.

Book a Fitting, we’ll come to you!

Wed Nov 22 2017

Karen Gee exclusive women’s wardrobe consultations

Featuring the finest made-to-order women’s garments exclusively by Karen Gee, we provide private consultations at your office and assist with your unique wardrobe needs on your schedule, delivering the perfect look especially made for you.

For all inquiries and bookings, please email Lydia@karengee.com.au

Cooperation between Bench and Bar during Queens Square shutdown

Tue Nov 21 2017
Message from President Arthur Moses SC

The Law Courts Building re-opened on 15 November 2017. Chief Justice Bathurst AC has asked me to thank members of the New South Wales Bar for their cooperation during the period of closure of the Law Courts Building in Queens Square. The co-operation between the Bench and Bar facilitated minimal disruption to the justice system. The Bar Association was able to assist the court in hosting a meeting of visiting judges and a conference at the offices of the Bar Association during this period. I also join with Chief Justice Bathurst AC in thanking members and the staff of the Bar Association for their cooperation and good humour during this period.

NSW Bar Association CPD Conferences 2018

Mon Nov 20 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

Save the date : 2018 Personal Injury/Common Law Conference

Mon Nov 20 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 this week

Mon Nov 20 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.

This seminar will commence at 5.15 pm in the Bar Association Common Room.

Commencement of provisions of the Parole Legislation Amendment Act 2017

Mon Nov 20 2017

The following aspects of the Government's recent Parole Legislation Amendment Act 2017 commence today:

• Community safety test: The State Parole Authority (SPA) will use the new community safety test when considering offenders for parole. The community safety test replaces the ‘public interest’ test and requires that the SPA only release an offender on parole if they are satisfied that it is in the interests of community safety. The test also requires the SPA to consider, if applicable, whether the offender has disclosed the location of the remains of a victim (‘no body, no parole’).
• Changes to Victims Register: The Corrective Services Victims Register have clearer authority to provide information to all registered victims (instead of only victims of serious offenders) when there are important changes to a relevant offender’s circumstances in custody. This includes when a relevant offender is being considered for parole. All registered victims will have the right to make a submission to be considered by the SPA during decision making. • Information sharing to improve management of offenders: Health service providers will be required to provide information to Community Corrections about the participation of a parolee in medical treatment required as a parole condition, or under direction from a Community Correction Officer. For example, psychiatric, anti-libidinal or drug treatment. This allows Community Corrections to more effectively supervise a parolee. Health service providers are not required to provide specific details about the nature of the service provided. • Extension of the prerogative of mercy: This allows the Governor of NSW to grant pardons to offenders, or lessen the impact of their sentences, such as by releasing them from custody before their non-parole periods expire. The scope of the prerogative of mercy will be extended to authorise the Governor to release an offender on parole. An offender released on parole under the prerogative will be subject to the same controls by SPA and supervision by Community Corrections, as any other offender released on parole.
• Extending the right to request the SPA revoke parole: The power of the Attorney General and Director of Public Prosecution to request the SPA revoke a parole order of a serious offender (on the grounds that it was obtained on the basis of false, misleading or irrelevant information) has been extended to the Minister for Corrections. • Review of decision to revoke parole: The SPA have clearer authority to consider the behaviour of the offender, including any offences alleged to have been committed on parole or after parole was revoked, when reviewing the decision to revoke parole.

For further information, see the Department of Justice's parole reform webpage

District Court Criminal Practice Note 12

Fri Nov 17 2017
Practice and procedure

District Court Criminal Practice Note 12 was published in the NSW Government Gazette today. It applies to proceedings on indictment with an estimated duration of two or more weeks. It will take effect from 2 March 2018, so that trials with estimates of two or more weeks listed to commence from 16 April 2018 will be listed for readiness hearing. Download the practice note here.

NSW Council for Civil Liberties 2017 Dinner

Fri Nov 17 2017

Michael Kirby AC CMG and Bret Walker SC will be speaking on current civil liberties issues and the law at the Civil Liberties Dinner, at the Sky Phoenix restaurant on Friday, 24 November 2017. Bret will give the keynote address on: The People are not Instruments (or Peter Dutton is not Immanuel Kant). For details see here. Bookings here.

Adopt NT royal commission recommendations: LCA

Fri Nov 17 2017
Law reform and public affairs

The Law Council of Australia has called for the immediate adoption of key recommendations made by the Royal Commission into the Protection and Detention of Children in the Northern Territory
– including raising the age of criminal responsibility from 10 to 12; and that no child under 14 should be sentenced to detention, except in the most serious cases.

Law Council of Australia President, Fiona McLeod SC, said today’s royal commission report uncovered shocking treatment of children and young people within the juvenile justice system and that an immediate NT and national response was required.

View the Law Council's media release here and read the royal commission's report here.

Jose Crespo (1964-2017)

Fri Nov 17 2017
Vale

Jose Crespo, Crown prosecutor, died yesterday. Members will be advised of funeral arrangements as soon as they are known.

2017 ACC National Conference

Thu Nov 16 2017
Direct briefing

The Bar Association, through an initiative of the Practice Development Committee, is a sponsor of the Association of Corporate Counsel 2017 Annual Conference in Alice Springs. The Bar Association has sponsored the mobile barista - complete with the obligatory merchandise. According to InBrief's sources, it is doing a roaring trade.

United Nations Day Lecture re-scheduled to 5 December

Thu Nov 16 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

Thu Nov 16 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

Coming up in CPD

Thu Nov 16 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.

Bar Association office hours over Christmas

Wed Nov 15 2017

The Bar Association's office will close at mid-day on Friday, 22 December 2017 for the Christmas/New Year break and re-open at 9.00am on Monday, 8 January 2018. The library will close on 22 December and reopen on 22 January 2018 between the hours of 9.00am and 5.00pm. Normal library opening hours will resume on 29 January 2018.

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.