InBrief

SEARCH ALL POSTS

Coming up in CPD tomorrow

Tue Aug 15 2017
Coming up in CPD - Tomorrow

Wednesday, August 16 2017: Reporting under the National Model Gender Equitable Briefing Policy: A practical guidance seminar

Presented by Arthur Moses SC, Kate Eastman SC and Jane Needham SC. Chaired by Kate Richardson SC. For full details please download a flyer here. Registration is required. Light refreshments will be served at the conclusion of the seminar. Please register for catering purposes. To register please contact Ting Lim at tlim@nswbar.asn.au If you are not able to attend in person, you will be able to view the seminar via livestream via the Bar Association's Facebook page. This seminar has been organised by the NSW Bar Association’s Diversity & Equality Committee and the Women Barristers Forum.

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

Research into the effect of traumatic material on lawyers

Tue Aug 15 2017
Wellbeing

Recently, Peter McGrath SC was interviewed by Radio National's Law Report as part of a program about mental health and vicarious trauma among criminal law practitioners. Following that report, he was contacted by Patricia Weir, a PhD candidate from the School of Applied Psychology at Griffith University in Brisbane. Patricia is doing a diary and interview study of the psychological effects of lawyers working with traumatised clients and their material. She is looking for volunteers who may be interested in participating in her study. For more information, particularly in respect of confidentiality, privacy and ethics, download and study this information sheet.

The 24th International Council for Commercial Arbitration (ICCA) Congress

Tue Aug 15 2017
Conferences

Early Bird Registration is now open for the 24th International Council for Commercial Arbitration (ICCA) Congress, to be held in Sydney from 15 to 18 April in 2018. ICCA's biennial Congress is the largest regular conference devoted to international arbitration and caters to both newcomers and experts in the arbitration community.

It represents an unprecedented networking opportunity for the Australian legal community, attracting up to 1000 delegates from around the world, including many of the field's leading arbitrators, academics, and practitioners, as well as a number of figures from the Australian judiciary and government.

ICCA 2018 will be hosted at the newly-opened International Convention Centre, and boasts a social programme that includes exclusive Opening Ceremony and Welcome Reception to be held at the Sydney Opera House, plus a Conference Gala Dinner themed 'Under the Southern Stars'. For more information and to register, visit www.icca2018sydney.com.

New Barristers' Committee Breakfast in Parramatta - 20 October 2017

Tue Aug 15 2017

The New Barristers’ Committee invites you to join our hosts Magistrate Stafford and Magistrate Tsavdaridis for breakfast in Parramatta on 20 October 2017 from 8am. The breakfast will be held at the Legal Grind Café, 9 George Street, Parramatta.

Drop in for a short(or long) time from 8:00am – 9:30am.

So that an appropriate area can be set aside please indicate if you might be able to attend by emailing Corrie Goodhand, 8th Floor Selborne Chambers, at: cgoodhand@eightselborne.com.

Coming up in CPD this week

Tue Aug 15 2017
Coming up in CPD - Thursday

Thursday, August 17 2017: Remedies for promissory estoppel and proprietary estoppel

Presented by The Honourable Justice Julie Kathryn Ward, Chief Judge in Equity and chaired by Elizabeth Cheeseman SC. For full details please download a flyer here.

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

WLA NSW Awards to Loukas SC and Eastman SC

Mon Aug 14 2017
Diversity

Congratulations to Kate Eastman SC and Chrissa Loukas SC for their prizes at the NSW Women Lawyers Achievement Awards. Ms Loukas was named Barrister of the Year, while Ms Eastman was named 2017 Change Champion of the Year in recognition for her leadership on diversity and equity at the New South Wales Bar. Learn more here.

2017 Common Law Drinks - RSVPs Close this Wednesday

Mon Aug 14 2017
Bar Social Events

Judges, barristers and clerks are invited to attend the 2017 Common Law Drinks on Thursday, 24 August. The drinks will be held in the Verandah Restaurant & Wine Bar, 55-65 Elizabeth St, Sydney. The drinks mark the 89th anniversary the momentous event in common law where Mrs Mary May Donoghue drinking ginger beer from the tumbler which, it was claimed, contained the remains of a decomposed snail. The guest speaker on the evening will be the Hon Justice Ian Harrison of the Supreme Court of NSW. Drinks begin at 5.30pm and cost $75 for judges and barristers over 5 years and $55 for barristers under 5 years and clerks.

RSVP's Close 16 August 2017

For more information and to RSVP, please click here.

2018 Conferences - invitation for abstracts and papers

Mon Aug 14 2017
Call for papers

The Bar Association's Professional Development Department invites members to submit suggestions and/or abstracts for papers to be included in the association's 2018 CPD Conference series. The conferences will be held on Saturdays in Ballina, Newcastle, Orange, Parramatta and Sydney during February and March.

The dates for 2018 Conferences are:

  • North Coast (Ballina) – Saturday 17 February
  • Parramatta – Saturday 24 February
  • Newcastle – Saturday 10 March
  • Orange – Saturday 17 and Sunday 18 March
  • Sydney – Saturday 24 March

Suggestions for papers and brief synopses can be submitted to the professional development coordinator, Tiffany McDonald (tmcdonald@nswbar.asn.au) Please ensure to include '2018 Regional Conferences' in the email subject line along with the inclusion of a working title and, where possible, a short description or abstract of your suggestion in the email.

Suggestions and abstracts are requested by Friday, 29 September.

Coming up in CPD this week

Mon Aug 14 2017
Coming up in CPD - This Week

Wednesday, August 16 2017: Reporting under the National Model Gender Equitable Briefing Policy: A practical guidance seminar

Presented by Arthur Moses SC, Kate Eastman SC and Jane Needham SC. Chaired by Kate Richardson SC. For full details please download a flyer here. Registration is required. Light refreshments will be served at the conclusion of the seminar. Please register for catering purposes. To register please contact Ting Lim at tlim@nswbar.asn.au If you are not able to attend in person, you will be able to view the seminar via livestream via the Bar Association's Facebook. This seminar has been organised by the NSW Bar Association’s Diversity & Equality Committee and the Women Barristers Forum.

Thursday, August 17 2017: Remedies for promissory estoppel and proprietary estoppel

Presented by The Honourable Justice Julie Kathryn Ward, Chief Judge in Equity and chaired by Elizabeth Cheeseman SC. For full details please download a flyer here.

Seminars commence at 5.15pm in the Bar Association Common room.

Equitable briefing seminar will be live-streamed

Mon Aug 14 2017
Diversity

On 16 August 2017 the Bar Association will host a seminar, which will be a practical guide on reporting under the Gender Equitable Briefing Policy. It will cover the type of data required under the policy, how to complete your worksheet and submit your report to the Bar Association. The seminar will be presented by Arthur Moses SC, Kate Eastman SC and Jane Needham SC and chaired by Kate Richardson SC. It will also be live streamed via the Bar Association's Facebook page.

Equitable briefing seminar will be live-streamed

Mon Aug 14 2017
Diversity

On 16 August 2017 the Bar Association will host a seminar, which will be a practical guide on reporting under the Gender Equitable Briefing Policy. It will cover the type of data required under the policy, how to complete your worksheet and submit your report to the Bar Association. The seminar will be presented by Arthur Moses SC, Kate Eastman SC and Jane Needham SC and chaired by Kate Richardson SC. It will also be live streamed via the Bar Association's Facebook page.

Good luck at tonight's NSW Women Lawyers Achievement Awards!

Fri Aug 11 2017
Diversity

Chrissa Loukas SC, Michelle Painter SC, Kate Eastman SC, Rachel Francois and Renée Bianchi are among the barrister-nominees in tonight's NSW Women Lawyers Achievement Awards. Also nominated for the Community Lawyer or Academic of the Year, sponsored by Department of Justice, is the Bar Association's policy lawyer, Ting Lim. Follow their progress on Twitter: #WLANSWawards. Good luck everyone!

Mental illness and cognitive impairment in the criminal justice system

Fri Aug 11 2017
Statement from President Arthur Moses SC

The recent report of the Mental Health Commission of New South Wales Toward a just system: Mental illness and cognitive impairment in the criminal justice system has identified the lack of appropriate mental health services as a major factor in the increasing prison population which also has substantial effect on the criminal justice system as a whole in this state. The report found that at least half of adult prisoners and the vast majority of young people in custody have been diagnosed with mental health issues. In the absence of properly resourced support services, the report found that the majority of these inmates will re-offend when released back into the community. The report was the subject of an article by Michaela Whitbourn in today's Sydney Morning Herald.

The commission’s research indicates that "improvements to health and disability services could interrupt the cycle of reoffending and improve public health and safety" as well as reducing costs for the justice and corrections systems.

The Mental Health Commission’s recommendations reflect the approach taken by the NSW Law Reform Commission released in its Report 135: People with cognitive and mental health impairments in the criminal justice system: Diversion, which was published in August 2012. The Law Reform Commission report contains a number of crucial recommendations to improve the way that our criminal justice system deals with people with cognitive and mental health issues. The report also found that people with cognitive and mental health impairments are clearly over-represented at all stages of the criminal system justice system. The Report recommends the adoption of an integrated system of diversionary options ranging from the first point of contact with police to court appearance, to enable people with cognitive and mental health issues to be referred to appropriate services when they are needed. Some of the Law Reform Commission’s major recommendations include:

  • The extension of diversion powers to police
  • Strengthening the existing diversionary powers of the courts
  • Establishing a specialist court list for people at risk of imprisonment
  • Extension of current court-based assessment and case management services to ensure that diversionary orders can work to link people to services that will reduce their chance of re-offending and improve outcomes for them.

Five years on, the NSW Government has yet to implement the principal recommendations of the report. The report from the Mental Health Commission released last week demonstrates that there are increasing numbers of persons being imprisoned who are suffering mental health issues. This significant delay by the NSW Government is to the detriment of society and individuals when measures have been identified that could be implemented to minimise or stop re-offending.

The New South Wales Bar Association urges the NSW Government to expedite the implementation of measures to enable the criminal justice system to deal more effectively with offenders with mental health issues. It is important that persons with mental health issues are not railroaded into prison where there are other options to deal with this increasing problem within society and minimise or stop re-offending. The New South Wales Bar Association is willing to work with the Government in the implementation of these crucial recommendations.

2018 Conferences - invitation for abstracts and papers

Thu Aug 10 2017
Call for papers

The Bar Association's Professional Development Department invites members to submit suggestions and/or abstracts for papers to be included in the association's 2018 CPD Conference series. The conferences will be held on Saturdays in Ballina, Newcastle, Orange, Parramatta and Sydney during February and March.

The dates for 2018 Conferences are:

  • North Coast (Ballina) – Saturday 17 February
  • Parramatta – Saturday 24 February
  • Newcastle – Saturday 10 March
  • Orange – Saturday 17 and Sunday 18 March
  • Sydney – Saturday 24 March

Suggestions for papers and brief synopses can be submitted to the professional development coordinator, Tiffany McDonald (tmcdonald@nswbar.asn.au) Please ensure to include '2018 Regional Conferences' in the email subject line along with the inclusion of a working title and, where possible, a short description or abstract of your suggestion in the email.

Suggestions and abstracts are requested by Friday, 29 September.

Equitable briefing seminar will be live-streamed

Thu Aug 10 2017
Diversity

On 16 August 2017 the Bar Association will host a seminar, which will be a practical guide on reporting under the Gender Equitable Briefing Policy. It will cover the type of data required under the policy, how to complete your worksheet and submit your report to the Bar Association. The seminar will be presented by Arthur Moses SC, Kate Eastman SC and Jane Needham SC and chaired by Kate Richardson SC. It will also be live streamed via the Bar Association's Facebook page.

40th Anniversary of the Federal Court – Sydney, 8-9 September 2017

Thu Aug 10 2017
Conferences

The Australian National University is proud to announce a conference to mark the 40th anniversary of the establishment of the Federal Court of Australia. Current and former Federal Court Justices, and leading academics and practitioners will consider the Federal Court’s contribution to the development of Australian law. The conference program, and details of speakers and registration can be found here. CPD points are available for this event

Common Law Practice Update 102

Thu Aug 10 2017
Recent developments

The Bar Association's Common Law Committee has published Practice Update 102, with case notes on sections 7, 62 and 86 of the Motor Accidents Compensation Act 1999 (NSW); sections 54, 5F, 5L, 5M and 5R of the Civil Liability Act 2002 (NSW); negligent failure to warn of risk and more. Download CLPU 102.

Coming up in CPD next week

Thu Aug 10 2017
Coming up in CPD - Next week

Monday, August 14 2017: Asian immigration and the development of American Constitutional and Common Law

Presented by Professor Frank H. Wu and chaired by Malcolm Oakes SC. For full details please download a flyer here.

Wednesday, August 16 2017: Reporting under the National Model Gender Equitable Briefing Policy: A practical guidance seminar

Presented by Arthur Moses SC, Kate Eastman SC and Jane Needham SC. Chaired by Kate Richardson SC. For full details please download a flyer here. Registration is required. Light refreshments will be served at the conclusion of the seminar. Please register for catering purposes. To register please contact Ting Lim at tlim@nswbar.asn.au If you are not able to attend in person, you will be able to view the seminar via livestream. Details to follow. This seminar has been organised by the NSW Bar Association’s Diversity & Equality Committee and the Women Barristers Forum.

Thursday, August 17 2017: Remedies for promissory estoppel and proprietary estoppel

Presented by The Honourable Justice Julie Kathryn Ward, Chief Judge in Equity and chaired by Elizabeth Cheeseman SC. A flyer will be available shortly.

Seminars commence at 5.15pm in the Bar Association Common room.

2017 Common Law Drinks - RSVPs Close 16 August 2017

Wed Aug 09 2017
Bar Social Events

Judges, barristers and clerks are invited to attend the 2017 Common Law Drinks on Thursday, 24 August. The drinks will be held in the Verandah Restaurant & Wine Bar, 55-65 Elizabeth St, Sydney. The drinks mark the 89th anniversary the momentous event in common law where Mrs Mary May Donoghue drinking ginger beer from the tumbler which, it was claimed, contained the remains of a decomposed snail. The guest speaker on the evening will be the Hon Justice Ian Harrison of the Supreme Court of NSW. Drinks begin at 5.30pm and cost $75 for judges and barristers over 5 years and $55 for barristers under 5 years and clerks.

RSVP's Close 16 August 2017

For more information and to RSVP, please click here.

Legal Aid News for August

Wed Aug 09 2017

Legal Aid News for August 2017 is out now. There is a feature article on the Legal Aid NSW Criminal Law Conference, which took place on 2-4 August 2017 at the new International Convention Centre at Darling Harbour. There's are stories on technology-facilitated domestic abuse and Legal Aid's nationwide online survey of people living with health conditions regarding their experiences with insurers. There's news for panel lawyers, updates on community legal education and resources, as well as courses and conferences. You can view the newsletter here.