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Facial recognition

Thu May 31 2018
News

President Arthur Moses SC has been interviewed on ABC TV News regarding facial recognition software legislation currently before parliament. Please note: humans, who are naturally more skilled at facial recognition, will soon realise that the person in the first 15 seconds of the video file is not Mr Moses.

Reform of the family law system must be properly considered

Thu May 31 2018
A message from President Arthur Moses SC

The NSW Bar Association supports comments made today by the Queensland Bar Association regarding inappropriate attacks on members of the Family Court. Any case for reform of the family law system must be properly considered and based on evidence - not rhetoric or baseless allegations concerning the judges of the Family Court. It would be unprecedented to justify the abolition of a court by reference to assertions by individuals unhappy with the outcome of particular cases. What is clear is that the judges of the court carry a significant workload in a jurisdiction which has been affected by reduced judicial resources and the lack of legal aid. The NSW Bar Association looks forward to engaging in discussions with the federal attorney- general in relation to the proposed reforms when the draft legislation is released.

Expansion of the Koori Court in NSW

Thu May 31 2018
Message from President Arthur Moses SC

The NSW government has today announced plans to expand the NSW Youth Koori Court to the Surry Hills Childrens Court. I congratulate the NSW Government for this initiative, which is designed to break the cycle of crime for young Aboriginal and Torres Strait Islander offenders. Members will be aware that the Bar Association has been advocating for the adoption of a Walama Court, a specific Indigenous sentencing jurisdiction, in the District Court. I have recently had discussions with the Premier regarding the establishment of such a Court in NSW. I will keep members informed of developments.

Sedition trial in Fiji

Thu May 31 2018

Sedition trials are no longer common, but the Lowy Institute's online bulletin, the interpreter, reports that the Fiji High Court has handed down a not-guilty verdict in the case of four men, including three Fiji Times executives, charged with sedition over a letter that appeared in the Fiji Times–published indigenous language publication Nai Lalakai in 2016. Fiji’s DPP has announced that he will appeal the High Court’s decision.

Practising certificate renewals 2018-19

Thu May 31 2018
Renewals Update

There is only one week left to renew your practising certificate by the due date – Thursday, 7 June 2018.

Do not wait until you have confirmation of insurance to return your completed renewal form and payment. Preliminary processing of your practising certificate can begin and your insurance can be matched up with your renewal documentation once confirmation of insurance is received.

Not intending to renew your practising certificate?

If you have decided not to renew your practising certificate this year, would you please advise us in writing that this is your intention so we can note our records.

If you have questions regarding the completion of your renewal documentation, please contact the Certification Officer, Barrie Anthony ph: (02) 9232 4055, or e-mail certification@nswbar.asn.au.

Australian Women Lawyers 7th National Conference

Thu May 31 2018

The 7th National Conference of the Australian Women Lawyers will be held on 24-26 August at the Sofitel Wentworth Sydney. The conference program will be launched at a formal Welcome Reception at 5.30pm to 7.30pm on Friday, 24 August with the Hon Mark Speakman SC, attorney general of New South Wales and Fiona McLeod SC, immediate past president of the Law Council of Australia as speakers.

The prestigious Australian Women Lawyers Award will be presented at a Gala Dinner at 6.30pm on Saturday, 25 August featuring speaker Tanya Hosch, general manager inclusion & social policy of the AFL.

Full details of a high calibre program of speakers and details for registration are available here. https://aomevents.eventsair.com/QuickEventWebsitePortal/australian-womens-laywers-awl-2018/awl18/ExtraContent/ContentPage?page=1

The early bird rate for registration is currently available until Friday, 15 June.

Coming up in CPD

Thu May 31 2018

Monday, June 04 2018 - Gender Dysphoria

Presented by Michelle Painter SC and Mark Anderson. Chaired by Arthur Moses SC. For full details, please download a flyer here.

This seminar commences at 5.30 pm.

This seminar has been organised by the Family Law Committee.

Friday, June 08 2018 - Lunchtime talk: Confidence in Privacy

Presented by Dr Nicole Moreham, Victoria University of Wellington. Chaired by Greg Tolhurst. For full details, please download a flyer here.

This seminar commences at 1.00 pm.

This seminar has been organised in association with the Ross Parsons Centre of Commercial, Corporate and Taxation Law at The University of Sydney Law School.

Thursday, June 14 2018 - Issues in Securities Class Actions

Presented by Jeremy Kirk SC and Perry Herzfeld. Commentary by The Hon Peter Jacobson QC. Chaired by Ruth Higgins SC. For full details, please download a flyer here.

This seminar has been organised by the Commercial Law Section.

Wednesday, June 27 2018 - DO’s and DONT’s of running a case in Equity

Presented by The Hon Justice Stephen Robb and Jodi Steele. Chaired by Nicholas Kidd SC. For full details, please download a flyer here.

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

For a full list of current CPD events please click here.

rise2018 – 2018 ABA & NSWBA National Conference

Wed May 30 2018
15-17 November, Sydney – Registration opens at 3.00pm today

The preeminent legal conference of 2018 – rise2018 relevant/resilient/respected is a prestigious two-day conference that boasts an impressive speaker line-up which will highlight and profile the excellence of the Australian legal profession. For all the details and to register please click here.

Conference program

This is a conference you cannot afford to miss. Held at the International Convention Centre, Darling Harbour, the conference consists of thought provoking plenary sessions and specialised streams in commercial law, taxation law, criminal law and future practice. Each session will reflect the theme of the conference and create conversations on topics of importance to law and justice. To view the conference program, click here.

Conference social program

In addition to the two-day conference program there will be an exclusive social program. Highlights include a harbourside welcome reception at the chic heritage hotel, Pier One Sydney. Held on the evening of Thursday 15 November, it will be a festival celebrating the best New South Wales wine and produce – a networking event not to be missed. All conference attendees are welcome to register for the breakfast, held on the first day of the conference morning of day one, celebrating women in the legal profession. On Friday 16 November, Sydney’s newest and most unique venue, The Cutaway at Barangaroo, will host the conference’s spectacular formal dinner. More details to come on this exceptional event!

Registration

Three options are available for registration:

  • Two-day access registration; this includes two days conference registration, the welcome reception and formal dinner
  • Conference registration only; this includes one or two day conference registration (excluding social events);
  • Social/Networking event registration; this includes single or table tickets to the conference social events

Junior Bar Super Special Early Registration

Discounted two-day access conference registrations available for the first 50 Junior Bar registrations. The Junior Bar is regarded as those who have been at the Bar for under 7 years. To register, click here. Travel & accommodation

The ABA and NSWBA are delighted to partner with Spencer Travel for the 2018 National Conference. Further details regarding travel and accommodation are available on the website.

Parent information evening

Wed May 30 2018
Member services and benefits

The Guardian Early Learning Group invites members to a parent information evening with world-renowned educational consultant, Alise Shafer Ivey, on Wednesday, 27 June 2018 at 6.00pm. The discussion, titled "The Mind That Turns the Corner - Encouraging Children to Think", will examine the importance of promoting innovative thinking and problem solving to support children's personal and professional success in a 21st Century world. Learn more here.

The Family Law Amendment (2018 Measures No. 1) Rules 2018

Wed May 30 2018

The Family Law Amendment (2018 Measures No. 1) Rules 2018 and consequential new and amended forms came into effect on 1 March 2018. An initial grace period of three months (until 1 June 2018) was allowed in relation to compliance with the new forms. This grace period has been extended.

Extension of grace period

A further six month grace period (until 1 January 2019) will be allowed for compliance with the following updated forms:

  • Application for Consent Orders
  • Notice of Child Abuse, Family Violence or Risk of Family Violence, and
  • Annexure to Proposed Consent Parenting Order.

Subject to any further notifications, you can continue to eFile using the old form until 1 January 2019. Alternatively you can use the new paper forms available on the Court’s website. We will advise you when the electronic form on the Commonwealth Courts Portal has been updated.

Lifting of the grace period

The grace period will be lifted from 1 June 2018 for the following changes implemented by the Family Law Amendment (2018 Measures No. 1) Rules 2018 to be filed in hard copy:

  • Submitting Notice, and
  • Notice of Contention.

As eFiling is not yet available for these forms, they must be filed in hard copy. Please contact the registry if you require any assistance in relation to these forms.

The grace period is also lifted from 1 June 2018 for annexures or exhibits to an affidavit. These are to be identified in an affidavit, but should not be filed with the affidavit, in the Family Court of Australia only. There may be exceptions where court orders or the Rules provide otherwise (for example r 15.62 in relation to expert reports).

Further information on the changes is available in the Explanatory Statement to the Amendment Rules.

Appointments to the Federal Circuit Court

Wed May 30 2018

Commonwealth Attorney-General Christian Porter yesterday announced the appointment of two judges to the Federal Circuit Court of Australia: Mr Terry Betts to the Newcastle Registry and Mr Bruce Smith to the Sydney Registry. Learn more here.

Disclosures barristers are required to make

Wed May 30 2018

Applications for renewal of practising certificates for 2018-19 have now been sent to all barristers. You will notice the renewal form includes questions relating to disclosures barristers are required to make to the Bar Council.

For the assistance of members, an outline of the disclosures which barristers are required to make is available here. The outline has been prepared by Ed Muston SC as part of presentation of his CPD seminar on disclosures delivered at the Bar Association on 20 March 2018. It is recommended that barristers watch the online CPD for full details. The online presentation may be accessed by logging in to your CPD account.

Proposed restructure of the Family, Federal and Federal Circuit Courts’ jurisdiction

Wed May 30 2018
Message from President Arthur Moses SC

The Federal Attorney-General, the Hon Christian Porter MP, has today announced that a new single “Federal Circuit and Family Court of Australia” will be established from 1 January 2019, in addition to a new Family Law Appeal Division in the Federal Court of Australia to hear all appeals in family law matters from the new Court. At this stage it is premature to comment on these proposals until draft legislation is released so that these matters can be properly considered and an informed consultation process followed. The Federal Attorney-General has advised me in correspondence today that he is willing to engage in discussions about these proposed reforms. The NSW Bar Association appreciates this invitation and will be taking the Federal Attorney-General up on the offer when the draft legislation is released.

The NSW Bar Association’s position has always been that real and lasting reform has to be based on evidence which is aimed at reducing the unacceptable delays that exist in Australia’s family law system. The current delays are significant and continue to affect the quality of life of children and their families throughout Australia. The delays are getting worse and cannot continue. We will await to see the material that is being relied upon in relation to these proposals so that they are not considered in a vacuum. It is the NSW Bar Association’s view that the provision of sufficient judicial resources and appropriate legal aid funding is at the heart of dealing with these delays. Australian children and their families deserve proper representation in order to access justice in their time of need.

The Bar Association will continue to work with the Courts which are the subject of these proposals and Government to improve family law outcomes. Members will be kept informed of further developments when the draft legislation is released so that they can provide their input in relation to the proposals.

Legal Aid Criminal Law Conference 2018

Wed May 30 2018

The Legal Aid NSW Criminal Law Conference 2018 will be held on the 1st, 2nd and 3rd of August at Doltone House, Darling Island Wharf, Pyrmont. The program has been finalised and registrations are now open! The program can be viewed here and registration can be made through this link. The early bird discounted rate of $725 for the full conference will expire on 15 June, after which the cost will be $800. Single day registration is also available.

The Annual Criminal Law Dinner will be held on Thursday the 2nd of August at Doltone House, Jones Bay Wharf. The guest speaker for the dinner will be The Honourable Justice Peter Hamill. We hope you will accept our invitation to attend.

For the diary: Gender Dysphoria

Wed May 30 2018

The Family Law Committee will host a seminar on Gender Dysphoria at 5.30pm on Monday 4 June 2018 in the NSW Bar Association Common Room. The speakers are Michelle Painter SC and Mark Anderson. Further details will be available shortly.

Tonight: The 2018 Forbes Lecture and support of research projects

Wed May 30 2018

On Wednesday, 30 May 2018 the Hon Justice Virginia Bell AC will deliver the 2018 Forbes Lecture, "By the skin of our teeth – the passing of the Women's Legal Status Act 1918", to mark the Centenary of the Act. The lecture will take place at 5.15 pm in the NSW Bar Association Common Room, and will be chaired by Arthur Moses SC.

Research projects supported by the Forbes Society

One of the Society’s objects is to encourage and promote research into Australian legal history and it maintains a fund for that purpose to which donations may be made – the Francis Forbes Fund (donations of $2.00 or more to which are tax deductible). Last year the Fund supported the project of Professor Anne Twomey (of the University of Sydney) to publish Pitt Cobbett's grand opus called ‘The Government of Australia’. The Society shares this update from Professor Twomey:

Professor Pitt Cobbett wrote his grand opus on The Government of Australia in his retirement, leaving it as an 'unfinished symphony' upon his death in 1919, with a request to his executors that it be finished, edited and published. But the High Court handed down its judgment in the Engineers Case the following year, and the executors decided the manuscript was out of date. It was instead donated to the University of Sydney and has sat quietly moulding there ever since. It is now a work of great historic importance, showing how the Constitution was understood in the first twenty years of its existence.

The Forbes Society has kindly supported the project of finishing, editing and publishing this work. The aim is to publish it upon the centenary of Pitt Cobbett's death, in 2019. The Society donated $8300 to pay a PhD student to check the footnotes of the book and to help subsidise publication to make it viable. Unfortunately, the full $8300 was spent on the footnote checking, as it turned out that as Pitt Cobbett's illness increased, the accuracy of his footnotes decreased and considerable work had to be undertaken to find the correct sources. I am therefore hoping for some additional assistance from the Society later in the year to subsidise publication so that it can be published as a hardback book for libraries and scholars to consult for generations. The support of the Society is essential for this type of work, which would otherwise not see the light of day and remain moulding away, unseen and forgotten. We will not learn from our past unless our history is readily accessible. The Francis Forbes Society ensures that it is.

The Society encourages further donations to enable it to support such worthy projects – a form for donations is available here: Forbes Fund Donation Form and on the web site at Donations.

Room For Sale - Phillip St Frontage Renovated Chambers on 3 Wentworth

Wed May 30 2018

Newly completed architect-designed, fully renovated (with no expense spared) room with Phillip St frontage & sound-proofed windows for sale on 3 Wentworth. Room is naturally well lit and has ample cupboard, drawer and bookshelf storage space. View photos here.

The floor is fully integrated into the CCL Network and VOIP telephone system, has printing and faxing services and has its own website.

Floor fees are $800/month and CCL fees are $1165/month.

The room will be available to occupy from early August.

Price: $225,000.

For all enquiries or to arrange an inspection, please contact Matthew King on 02 8915 2862 or chanparalegal@3wentworth.com.au

ILA Biennial Conference - early bird registration closes on Friday

Tue May 29 2018

The International Law Association Biennial Conference is a major international legal event. This year it is to be held in Sydney at the Intercontinental Hotel, from Sunday August 19 to Friday August 24. With over 200 speakers and numerous panel sessions on topics of private and public international law, maritime law, and international trade law, this is an event not to be missed. Confirmed speakers include the Chief Justice of the High Court of Australia and Lord Mance of the United Kingdom Supreme Court.

Registration includes three evening cocktail receptions at venues including the Federal Court of Australia, attendance at the opening and closing ceremonies and full refreshments during the conference.

Early-bird registration closes on Friday, 1 June 2018, and corporate and institutional registration packages are available to permit wide participation. The current conference schedule and registration links are at https://www.ila2018.org.au/.

Parole reform information

Tue May 29 2018
Law reform and public affairs

The Department of Justice has updated its parole reform information page to reflect the commencement of the Reintegration Home Detention Scheme on 28 May. Learn more here.

OUT NOW! The Evolving Role of Trust in Superannuation

Tue May 29 2018

Edited by M Scott Donald and Lisa Butler Beatty, on behalf of the Superannuation Committee of the Law Council of Australia

This is a unique collection of papers from respected experts which explore the complex relationship between the law of trusts and the regulation of superannuation in Australia. It is a must for anyone working in, advising or regulating the superannuation industry.

The Law Council of Australia has held an annual conference on the law of superannuation each year since 1990. Over the years papers have been delivered by some of Australia, Canada and the UK’s leading judges, legal practitioners and academics. The papers have in many cases laid the foundation for, and explained the consequences of, the successive rounds of regulatory reform seen in the Australian superannuation system.

** Special offer $175 (rrp $195) + freight. Valid until 30 June 2018. To order please call us on 02 9552-2200 or click here and remember to quote Promotion Code EP1642 when you place your order.

Tomorrow: The 2018 Forbes Lecture and support of research projects

Tue May 29 2018

On Wednesday, 30 May 2018 the Hon Justice Virginia Bell AC will deliver the 2018 Forbes Lecture, "By the skin of our teeth – the passing of the Women's Legal Status Act 1918", to mark the Centenary of the Act. The lecture will take place at 5.15 pm in the NSW Bar Association Common Room, and will be chaired by Arthur Moses SC.

Research projects supported by the Forbes Society

One of the Society’s objects is to encourage and promote research into Australian legal history and it maintains a fund for that purpose to which donations may be made – the Francis Forbes Fund (donations of $2.00 or more to which are tax deductible). Last year the Fund supported the project of Professor Anne Twomey (of the University of Sydney) to publish Pitt Cobbett's grand opus called ‘The Government of Australia’. The Society shares this update from Professor Twomey:

Professor Pitt Cobbett wrote his grand opus on The Government of Australia in his retirement, leaving it as an 'unfinished symphony' upon his death in 1919, with a request to his executors that it be finished, edited and published. But the High Court handed down its judgment in the Engineers Case the following year, and the executors decided the manuscript was out of date. It was instead donated to the University of Sydney and has sat quietly moulding there ever since. It is now a work of great historic importance, showing how the Constitution was understood in the first twenty years of its existence.

The Forbes Society has kindly supported the project of finishing, editing and publishing this work. The aim is to publish it upon the centenary of Pitt Cobbett's death, in 2019. The Society donated $8300 to pay a PhD student to check the footnotes of the book and to help subsidise publication to make it viable. Unfortunately, the full $8300 was spent on the footnote checking, as it turned out that as Pitt Cobbett's illness increased, the accuracy of his footnotes decreased and considerable work had to be undertaken to find the correct sources. I am therefore hoping for some additional assistance from the Society later in the year to subsidise publication so that it can be published as a hardback book for libraries and scholars to consult for generations. The support of the Society is essential for this type of work, which would otherwise not see the light of day and remain moulding away, unseen and forgotten. We will not learn from our past unless our history is readily accessible. The Francis Forbes Society ensures that it is.

The Society encourages further donations to enable it to support such worthy projects – a form for donations is available here: Forbes Fund Donation Form and on the web site at Donations.

Facial non-recognition

Mon May 28 2018
Law reform and public affairs

The Law Council of Australia has called for a re-think of plans to roll-out facial recognition software that could potentially match CCTV footage with drivers’ license photos. The Law Council's concerns were the subject of a program on the ABC's AM program with Sabra Lane. Learn more here.

The 2018 Forbes Lecture and support of research projects

Mon May 28 2018

On Wednesday, 30 May 2018 the Hon Justice Virginia Bell AC will deliver the 2018 Forbes Lecture, "By the skin of our teeth – the passing of the Women's Legal Status Act 1918", to mark the Centenary of the Act. The lecture will take place at 5.15 pm in the NSW Bar Association Common Room, and will be chaired by Arthur Moses SC.

Research projects supported by the Forbes Society

One of the Society’s objects is to encourage and promote research into Australian legal history and it maintains a fund for that purpose to which donations may be made – the Francis Forbes Fund (donations of $2.00 or more to which are tax deductible). Last year the Fund supported the project of Professor Anne Twomey (of the University of Sydney) to publish Pitt Cobbett's grand opus called ‘The Government of Australia’. The Society shares this update from Professor Twomey:

Professor Pitt Cobbett wrote his grand opus on The Government of Australia in his retirement, leaving it as an 'unfinished symphony' upon his death in 1919, with a request to his executors that it be finished, edited and published. But the High Court handed down its judgment in the Engineers Case the following year, and the executors decided the manuscript was out of date. It was instead donated to the University of Sydney and has sat quietly moulding there ever since. It is now a work of great historic importance, showing how the Constitution was understood in the first twenty years of its existence.

The Forbes Society has kindly supported the project of finishing, editing and publishing this work. The aim is to publish it upon the centenary of Pitt Cobbett's death, in 2019. The Society donated $8300 to pay a PhD student to check the footnotes of the book and to help subsidise publication to make it viable. Unfortunately, the full $8300 was spent on the footnote checking, as it turned out that as Pitt Cobbett's illness increased, the accuracy of his footnotes decreased and considerable work had to be undertaken to find the correct sources. I am therefore hoping for some additional assistance from the Society later in the year to subsidise publication so that it can be published as a hardback book for libraries and scholars to consult for generations. The support of the Society is essential for this type of work, which would otherwise not see the light of day and remain moulding away, unseen and forgotten. We will not learn from our past unless our history is readily accessible. The Francis Forbes Society ensures that it is.

The Society encourages further donations to enable it to support such worthy projects – a form for donations is available here: Forbes Fund Donation Form and on the web site at Donations.

Bar FC secures 1-0 win

Mon May 28 2018
Bar sports

With Sir Alex away, and Captain Phillips still on the sidelines, last Thursday the team turned to Hartford Davis for its leadership. His new structure and pre-game prep came with some questions from the team initially but the strategy proved to be a winning combination.

Starting with an initial flurry of players on the card, it looked like we could barely make the 11 at 1.15. However over the hill they turned up one by one. Morrison, Hall and Chadd were out strong in the first few minutes, with a refreshed line up in the mid field and up front.

Then, catastrophe struck! Hall, during a strong contested struggle took a crack to the nose. Hia ruled him off with our medic, Coutinho (resting after weekend injuries) taking him off to the ER for scans. Hall now has a nasty black eye, nasal and eye socket fractures. Bar FC wishes him well and a speedy return to the blue and white. Rumours are that the kit shirt covered in his blood will be gifted to him as testimony to his brave struggle for Bar FC

D’Arville, fresh from Newcastle that morning made it onto the field as the first sub, taking up a strong defensive midfield position. Liu was strong on the left wing, with some excellent crosses, complimented by Olsen on the right Santucci, with some beautiful through balls, it was only time until we could secure a goal.

Half time came with still a nil all score card, but the team was buoyant with hope that we could secure that elusive goal. After the break and following a few false starts, and off sides, HALL finally finished with a beautiful goal. The back line was a new combination with FREDRICKS, LARISH, and PHILLIPS, left to right. With GRISTI coming on as a solid defender, following finishing his morning mediation, just in time.

O’SHEA and COMPTON making a couple of runs as our super subs. DE MERICK was strong in goals, playing the entire game and held them out, he remains with a clean record FREDRICKS our work horse, and B PHILLIPS, first game this season provided a surprising strong and agile back line.

The final minutes saw the back line being stacked (following instructions from S PHILLIPS) to hold them out. LARISH as centre back, held the line.

In our new democratic voting system, LARISH was determined by his peers to be best on field, with honourable mentions to PHILLIPS and HARTFORD DAVIS

The team last Thursday was:

  • Rohan De Meyrick (GK)
  • David Larish
  • Glen Fredericks
  • Thomas Liu
  • Sebastian Hartford Davis (C)
  • Aaron Hall
  • Phillip Santucci
  • Anthony Chadd
  • Hugh Morrison
  • Geoff O’Shea
  • Anais D’Arville
  • Nick Olsen
  • Ben Phillips
  • Ivan Griscti
  • Nicole Compton

Special thanks to S PHILLIPS, Lo SORDO and COUTINHO for cheering us on the side lines.

Bar FC’s next outing is against Announcer FC at 1.15 p.m. Thursday, 31 May 2018 in the Domain. All supporters welcome.