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Supreme Court Equity Division - Online Court Protocol

Fri Aug 31 2018

The Chief Justice, the Honourable T F Bathurst AC, has today issued Practice Note SC EQ 14 – Online Court Protocol. Click here for a copy.

The Protocol commences operation, 5 September 2018. It applies to all cases in the Equity Division General List that are case managed by the Registrar in Equity and should be read in conjunction with Supreme Court Practice Note SC Eq 1.

Save the date: 2019 Personal Injury/Common Law Conference

Fri Aug 31 2018
Professional development

The 2019 Personal Injury and Common Law Conference will be held on Saturday 16 March.

Speaker details and online registration will be made available over the coming months. These will be advertised in InBrief 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

For the diary: 2019 CLANT Bali Conference

Thu Aug 30 2018

The Criminal Lawyers Association of the Northern Territory (CLANT) will host its 17th biennial criminal law conference on 22 to 28 June 2019. The "Bali Conference" as it is known, was launched back in 1987 at the Sanur Beach Hotel by Darwin criminal practitioners. Keynote speakers have included, among others, Michael Kirby AC CMG, Sir Anthony Mason AC KBE CBE QC, Justice Lex Lasry AM QC, Julian Burnside AO QC, Ian Barker QC, Robert Richter QC, Noel Pearson, and Major Dan Mori. Learn more here.

Malaysian Bar calls for abolition of corporal punishment

Thu Aug 30 2018
Law reform and public affairs

The Malaysian Bar has issued a media release expressing opposition to corporal punishment after two women were fined and sentenced to six strokes of the cane for being in a same-sex relationship. The sentence was imposed by a Syaria court in Terengganu State, and the Malaysian Bar has called on their state and federal governments to commute the sentence and repeal all legislative provisions for corporal punishment.

The Janet Coombs Lunch for New Female Barristers

Thu Aug 30 2018
Diversity

The Women Barristers Forum and the WLA NSW will host the biannual Janet Coombs Lunch for New Female Barristers on Friday, 14 September 2018 at 1.00pm in the The Women’s Club, Level 4, 179 Elizabeth Street. More information and a registration form can be found here.

rise2018 Companion Special - valid until 31 August 2018

Thu Aug 30 2018

Book now to take advantage of the Companion Special for the rise2018 National Conference. Book two or more tickets in the same transaction and save 50% of the second registration. Why not book with a friend and share the saving? Click here for full details.

To Register please visit our website here.

Discussions with the CDPP

Thu Aug 30 2018
Message from President Arthur Moses SC

As a result of representations from members of the junior bar in relation to fee rates and payment for preparation time, I have held a meeting with the Commonwealth Director of Public Prosecutions and the Commonwealth Solicitor for Public Prosecutions.

The CDPP for the first time this year conducted a survey of counsel from the private bar who are retained to undertake prosecution work. I congratulate the CDPP on this initiative as it will guide the manner in which the CDPP engage members of the private bar.

The CDPP has requested that any members of the NSW Bar who are of the view that more time is required to prepare matters than what has been allocated, then this should be raised at the first available opportunity so that it can be resolved. In relation to the daily rate for fees paid for briefs the CDPP is largely moving away from ad hoc fee increases, and noted that going forward, it will be reviewing the fees of all counsel regularly briefed, on a biennial basis, with the first review to occur in December 2018.

Members should also clarify with CDPP solicitors who make contact about a brief as to whether it is an inquiry in relation to availability as opposed to booking the barrister for a matter. This will avoid confusion and barrister’s diaries being unnecessarily booked. The Solicitor for the CDPP will also re-emphasise to solicitors the need for clarification.

Training program to be implemented

The CDPP and the NSW Bar have also agreed to work on a training program for members of the NSW Bar who wish to undertake work for the CDPP.

Submission on fees

In addition to the request of the CDPP in relation to individual approaches about fees, I invite members of the NSW Bar to send to Ting Lim at the NSW Bar Association at tlim@nswbar.asn.au any views that they wish to put forward in relation to the fees paid by the CDPP so that it may inform a submission to the CDPP from the NSW Bar in relation to a general increase in the fees to be paid to barristers. Could these submissions be sent by no later than 20 September 2018. The submission is an initiative of the NSW Bar Association and has not been sought by the CDPP who will need to consider it.

Chambers for Lease - Queen's Square Chambers

Wed Aug 29 2018

Rooms have become available for lease at Queen's Square Chambers in The Beanbah Building adjacent to the Supreme and Federal Courts on Macquarie Street.

  • Excellent internet connections
  • VOIP phone system
  • Affordable with no key money required
  • Boutique Chambers closest to Court complex

For more information and an inspection contact the Clerk of Chambers, Mark Wilson on 9232 4671.

Room for Sale - Sir James Martin Chambers

Wed Aug 29 2018

The room of John Marshall SC (now retired) in Sir James Martin Chambers (level L 31, 52 Martin Place) is available for sale. It is a large room with fantastic views to the East and a fresh modern fitout including new carpet. It is available for sale with or without purpose designed conference table and wall mounted large screen TV with underfloor cable link to the conference table so as to coordinate with whatever computer system is desired. Click here for photos.

Sir James Martin Chambers is a well-established and harmonious floor consisting of 6 senior counsel and 19 junior counsel. For more information on the floor visit our website here. For information regarding outgoings and to arrange an inspection please contact the clerk, Kirsti Reith 9223 8088 or email. You may also contact Mr Marshall (0418 678 798).

Large External room for sale - Tenth Floor St James Hall Chambers

Wed Aug 29 2018
Member services and benefits

Tenth Floor St James Hall Chambers currently has a large, well-lit, external room for sale measuring 5.6m by 3.6 m. The room includes built in, wooden storage as well as a robing cupboard. Tenth Floor St James Hall Chambers is a well-established, welcoming floor located opposite the Supreme Court of NSW. The Floor consists of 3 Senior Counsel and 8 Juniors, all of whom practice across a broad range of areas. If you require any further information or would like to arrange an appointment to view the room, please contact the Clerk, Grace Kenny on 9224 1501 or email here All enquiries and applications will be treated with the strictest confidence.

2019 Regional Conference Series

Wed Aug 29 2018
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 2019 CPD Conference series. The conferences will be held on Saturdays in Ballina, Newcastle, Orange, Parramatta and Sydney during February and March.

The dates for 2019 Conferences are:

  • Newcastle – Saturday 23 February
  • North Coast (Ballina) – Saturday 2 March
  • Orange – Saturday 9 March (Please note, from 2019 Orange will be a single day Saturday conference due to falling demand)
  • Parramatta - Saturday 23 March
  • Sydney – Saturday 30 March

Interested barristers, solicitors, academics, legal and non-legal professionals are invited to submit suggestions for papers online, HERE. During the submission process, you will be asked to provide your contact details, conference preference, a working title and, where possible, a short description or abstract of your suggestion presentation.

Suggestions and abstracts are requested by Monday 1 October.

Hearts for Arts Law Committee Comedy Night

Tue Aug 28 2018
Philanthropy

The Hearts for Arts Law Committee consists of young lawyers and barristers who have come together to raise funds in support of the Arts Law Centre of Australia. The patron for the Arts Law Centre is Hon Margaret Beazley AO and some information about the committee can be accessed here.

Hearts for Arts Law Committee are holding a Comedy Night on 31 August 2018. It will be a comedy event where all the comedians will be fellow lawyers. For more information click here.pdf ""). You can purchase tickets here.

All funds raised from the event will be going directly to the Arts Law Centre.

Tonight: Bar Knitting Group

Tue Aug 28 2018
Wellbeing

The Bar Knitting Group will meet tonight from 6.00pm in the Bar Library. Bring your own needles and wool etc. If you don’t have a project, or don’t know how to knit/crochet and want to learn, come along for expert instruction. Warming refreshments will be on offer.

Family Conflict in later life - The role of Mediation and the issues of Elder Abuse

Tue Aug 28 2018

The Australian Disputes Resolution Association invite you to attend this one-day workshop which includes three specialist speakers and a panel discussion at the end.

Date: Thursday 13 September 2018 Time: 10:00am - 2:30pm Venue: NSW Bar Dispute Resolution Centre, Level 1, 174 Phillip Street Sydney Price: $150 for members; $225 for non-members (and includes 1 year ADRA membership which confers eligibility for insurance at ADRA rate) CPD: 4.5 Limited Capacity

Speakers Linda Rogers — a sole practitioner who appears in the Guardianship Division of the New South Wales Civil and Administrative Tribunal (NCAT) Rodney Lewis—Solicitor, Specialist in Elder Law, Author and Writer of the College of Law, Elder Law Connie Comber—Social Work Background, Accredited Mediator, Consultancy for Elderly Matters

For more information click here.

Click here to register

Legal Aid NSW Appellate Criminal Law Barrister Panel

Tue Aug 28 2018

The Legal aid NSW Appellate Criminal Law Barrister Panel is open for new applications and reappointments closing on 8 October 2018.

The panel is open to junior counsel only and applies to the following matters:

  • Provision of advices on the merit of appeals to the Supreme Court including the CCA and the High Court;
  • Preparation and conduct of appeals before the CCA and the High Court;
  • Preparation and conduct of appeals to the Supreme Court;
  • Preparation of applications to review convictions and sentences pursuant to Part 7 and 8 of the Crimes (Appeal and Review) Act.

For further information please click here.

All applications for appointment to the panel must be submitted on line through the Panels Application Website here by 8 October 2018 for consideration by the Selection Committee.

Maritime Law Association of Australia and New Zealand annual conference

Tue Aug 28 2018

The Maritime Law Association of Australia and New Zealand are holding their annual conference in NSW in the Blue Mountains at the beautiful Hydro Majestic between 10-12 October 2018. To visit the website please click here.

For further information and a copy of the program and to register your attendance please click here.

Bar Association joins LCA criticism of family law merger timetable

Mon Aug 27 2018
Law reform and public affairs

President Arthur Moses SC has issued a media statement in support of the Law Council of Australia and the Law Society of NSW in expressing concern at the inadequate time for consultation and scrutiny of the bills to merge the Federal Circuit Court and the Family Court.

Last Thursday the Senate referred these bills to the Legal and Constitutional Affairs Legislation Committee for report due 15 April 2019 to enable the Parliament to carefully examine and consider the detail of this proposed reform with the benefit of having received the Australian Law Reform Commission’s review of the family law system in March 2019 and with the opportunity to engage in meaningful consultation with the Australian community including the legal profession.

"I concur with the views expressed by the Law Council and the Law Society. The Senate was very clear in its resolution last week. The purpose of it was to provide for proper consultation with the community and all relevant stakeholders about draft legislation which has the potential to deal with the most important decisions confronting the Court – the care and protection of children as well as dealing with the ramifications of breakdowns in relationships", Mr Moses said.

"There should be no indecent haste to attempt to ram through the Parliament proposed legislation that should be carefully considered and assessed based on evidence. A short consultation period is, in essence, a consultation period without meaning. The Senate and the community should not be disrespected in this way”, he said.

The Law Council has issued a media release expressing "significant concerns about the proposal to merge the courts and a three-week deadline to scrutinise the bills would short-change a court system already at breaking point". View the Law Council media release here.

Just Music

Mon Aug 27 2018

The Law Society of NSW invites you to celebrate justice and applaud the creativity of the legal community at the Just Music concert on Friday, 31 August 2018 at 7.00pm in the City Recital Hall. Proceeds from the ticket sales will support the The Butterfly Foundation, the national organisation that supports people with eating disorders. To learn more, or to purchase tickets, visit cityrecitalhall.com.

Save the date: Introduction to the Aboriginal Land Rights System in NSW

Mon Aug 27 2018
Professional development

On Tuesday, 18 September, the NSW Judicial Commission Ngara Yura Committee, the Bar Association’s First Nations Committee and the Law Society of NSW Indigenous Issues Committee cordially invite all members to a panel discussion on the Aboriginal Land Rights System in NSW.

The seminar, titled 'Introduction to the Aboriginal Land Rights System in NSW', will be hosted in the Federal Court Common Room, Level 20 Law Courts Building, Queens Square commencing at 5.15pm. Panellists include Ms Nicole Courtman, Registrar of the ALRA and Mr Chris Ingrey, Chief Executive of La Perouse Aboriginal Land Council. The chair will be Mr Jason Behrendt, Legal Executive, Chalk & Behrendt. Learn more here.

Places are limited so RSVP is essential.

To register, please click [here](https://nswbar.eventsair.com/2018-aboriginal-land-rights-cpd/registration-page/Site/Register "").

Moses SC at the WLA Conference

Mon Aug 27 2018

President Arthur Moses SC attended the 7th National Conference of the Australian Women Lawyers Conference on Saturday, 25 August and participated in the panel discussion led by Kate Eastman SC on sexual harassment. The president later tweeted that, when it comes to sexual harassment, lawyers are not above the law and that such behaviour is professional misconduct.

New Sentencing legislation commences 24 September 2018

Mon Aug 27 2018

On 24 September, the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 commences. Members can view a CPD on the Sentencing Reforms on CPD Online. The seminar was chaired by Stephen Odgers SC and presented by Richard Wilson, Deputy Senior Public Defender and Luke Grant, Assistant Commissioner of NSW Corrective Services. CPD Online includes the PowerPoint presentations of both speakers.

The NSW Legal Aid Commission is conducting training on the sentencing reforms which is available to members. The dates and locations of the training can be found here. To register for a NSW Legal Aid Commission training session please do so via this link: https://learning.legalaid.nsw.gov.au/. Material about the reforms can also be found on the Public Defenders website: http://www.publicdefenders.nsw.gov.au/.

Ethical Guidance Scheme

Mon Aug 27 2018
Professional conduct

The New South Wales Bar Association conducts an Ethical Guidance Scheme whereby barrister members can seek urgent ethical guidance. The Scheme operates in the following manner:

Barristers may contact, by telephone, senior counsel currently serving on the Bar Association’s Professional Conduct Committees.

The names and telephone numbers of senior counsel can be obtained by telephoning the Bar Association’s Professional Conduct Department on (02) 9232 4055. A staff member from the Professional Conduct Department will have an initial discussion with the barrister seeking guidance in order to determine where the query is best directed.

If the barrister wishes to have a record of the discussion with senior counsel, he or she should send a letter to senior counsel as soon as is practicable, recording the facts and the guidance given. A copy of the letter to senior counsel may also, if the barrister wishes, be sent to the Professional Conduct Department by email to pcd@nswbar.asn.au.

However, any decision and all responsibility is that of the individual barrister. The role of senior counsel is to provide an opportunity for discussion to assist members in reaching a conclusion, not to give legal advice or a 'ruling'. A previous system for providing ‘ethics rulings’ to barristers was reviewed by the Bar Council some years ago and is no longer in place.

Members should make themselves familiar with the Legal Profession Uniform Conduct (Barristers) Rules 2015. The rules are available on the Bar Association’s website on the Uniform Law page and the New South Wales legislation website.

There is no provision in the current rules for the Bar Council or President to waive compliance with any rule.

A reader requiring urgent ethical guidance should contact his or her tutor/s in the first instance. Readers should seek ethical guidance through this scheme only where tutors are unavailable, or where following a discussion with the tutors, additional guidance is required. If a barrister has any further questions about the Ethical Guidance Scheme, please contact the Bar Association’s Professional Conduct Department on (02) 9232 4055 or by email at pcd@nswbar.asn.au.