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Remembering Katrina Dawson

Wed Oct 31 2018

Friends and family of Katrina Dawson gathered yesterday evening in the Common Room to honour the first three recipients of the Bar Association's Katrina Dawson Award: Claire Palmer, Josie Dempster and Ashley Cameron. Present at the gathering were members of the extended Dawson family, including her parents, Jane and Sandy Dawson, her brothers, Sandy and Angus, as well as her sister-in-law, Nikki.

Speaking to the gathering, President Arthur Moses SC, noted that the aim of the award is to encourage and assist women to practise as barristers. "Female law students make up over 66 per cent of all law graduates and we need more women to practise at the NSW Bar in order for us to remain a strong and independent bar."

Claire Palmer, the inaugural recipient in August 2017 is currently practising from Sixth Floor Selborne/Wentworth Chambers. Josie Dempster, who was the recipient of the award in April 2018, is currently practising at the NSW Bar at Key Chambers in Canberra, while Ashley Cameron, who was the recipient of the award in August 2018, starts at the NSW Bar in May 2019.

Mr Moses ended with the prospect of a new addition to the Common Room art collection. "This is one of my last addresses in this common room and it is a pleasure to be with you here this evening. I hope under our new president I will be invited back to see the unveiling of Katrina’s portrait, which will be hung in this Common Room. As I have said previously, Katrina will not be forgotten by the NSW Bar."

Bar Council of the Western Australian Bar Association

Wed Oct 31 2018

The Western Australian Bar Association held their Annual General Meeting on 24 October 2018 and the following members were elected to Bar Council for 2018-2019:

President: Stephen Davies SC

Vice President: Martin Cuerden SC

Ordinary Members:

  • Brahma Dharmananda SC
  • Asanka Gunasekera
  • Etspath Henster
  • Sarah Russell
  • Fiona Stanton
  • Joel Yeldon

Association Members of less than 3 years' standing:

  • Rachel Joseph
  • Jenny Thornton

Non-WA Bar Chambers Ltd Members:

  • Timothy Hammond
  • Terence Palmer

Fair Treatment Campaign Event - the long walk to treatment

Wed Oct 31 2018

Fair Treatment Campaign Event – the long walk to treatment is being held on Friday 2 November at 12.30pm

The NSW Bar Association is a member of the Fair Treatment campaign for drug law reform. Members of the campaign support the following principles:

  • Increased investment in harm reduction and demand reduction strategies; and
  • Further measures to decriminalise individual possession of small amounts of illegal drugs (not to decriminalise the illegal supply of drugs).

As part of the campaign, the Long Walk to Treatment has involved more than 100 participants walking from Dubbo to Parliament House in Macquarie Street.

All members are invited to St Stephens Uniting Church 197 Macquarie St, Sydney (opposite NSW Parliament), this Friday 2 November at 12:30pm to attend this milestone occasion.

Members can register their attendance by clicking here.

Interested members can add an online signature of support for the campaign at www.fairtreatment.org/walk

Inner City Legal Centre - Transgender Day of Remembrance

Wed Oct 31 2018

On Tuesday the 20th of November, Inner City Legal Centre we will be hosting a breakfast at Clayton Utz to honour and remember those who have suffered violence as a result of transphobia. The keynote speaker, Imogen Brackin (Transgender Inclusion Educator), will share her experience and reflections on what TDOR means and its significance. Warm breakfast and drinks are provided. All funds raised will go directly towards supporting ICLC – a not-for-profit community legal centre that has been providing free legal advice to vulnerable people in NSW for almost 30 years. ICLC has long been recognised as an award-winning statewide practice that specialises in LGBTIQ matters.

Attached is the invitation with further details about the event.

WBF Cocktails and Canapes to celebrate the women silks of 2018

Wed Oct 31 2018
Diversity

The Women Barristers Forum invites members to join them for cocktails and canapes at the Verandah Bar Restaurant on Wednesday 7 November from 5.30 - 7.30pm, to celebrate the appointment of women senior counsel for 2018. Guest speaker will be The Hon Justice Lucy McCallum. All members are welcome. Early bird registration ends 1 November 2018. Please register here.

Tonight: Appearing before Tribunals

Wed Oct 31 2018
Wednesday, October 31 2018 - Appearing before Tribunals

Please join Deputy Presidents of the NSW Civil and Administrative Tribunal and the Commonwealth Administrative Appeals Tribunal as they discuss tips for effective advocacy when appearing before tribunals. The panel includes The Hon. Acting Judge Jennifer Boland AM, Deputy President, NSW Civil and Administrative Tribunal, Ms Jan Redfern PSM, Deputy President, Administrative Appeals Tribunal and Surya Palaniappan, Sixth Floor. Learn more here.

The seminar will be held in the Law Society, Level 3, 170 Philip Street commencing at 5.15pm.

This is the second CPD in the Women Barristers Forum’s Advocacy Skills Series.

Litigation on two fronts: when family law and criminal law intersect

Wed Oct 31 2018
CPD Save the Date!

In both parenting and financial litigation in courts exercising family law jurisdiction one (or maybe both) of the parties whose relationship has broken down are simultaneously facing criminal charges or the threat of the same. The evidence may be the same but the procedure and consequences may be vastly different. Navigating the pathway requires some cross-jurisdictional gymnastics and cooperation between practitioners in two specialists jurisdictions. Presenters Suzanne Christie SC and April Francis will discuss some of the issues which arise.

  • When: After 5pm, Wednesday 21 November 2018 (Start time TBC)
  • Where: New South Wales Bar Association Common Room

Book Launch: The Future of Australian Legal Education

Tue Oct 30 2018

You are warmly invited to the launch of the book, The Future of Australian Legal Education, by the Hon Justice Margaret Beazley AO, the President of the New South Wales Court of Appeal. The book, published by Thomson Reuters, is a collection of papers that were presented at the Conference held under the same title in August 2017 by the Australian Academy of Law and the Australian Law Journal on the occasion of their 10th and 90th anniversaries (respectively).

  • When: Wednesday 28 November 2018
  • Time: 5.30 pm
  • Where: Banco Court, Supreme Court of New South Wales, Level 13, Law Courts Building, Sydney

The launch in the Banco Court will be followed by “Christmas refreshments” in the foyer.

For more information and to register click here.

Retirement Ceremony for The Hon Justice Mark Le Poer Trench

Tue Oct 30 2018

A ceremonial sitting of the Family Court will be held in Courtroom 7C, Level 7, Lionel Bowen Building, 97-99 Goulburn Street, Sydney, at 4:30pm on Thursday, 1 November 2018 to farewell the Honourable Justice Mark Le Poer Trench as a Judge of the Family Court of Australia. Refreshments will be served afterwards. Michael Kearney SC will speak on behalf of the NSW Bar.

In order to facilitate final arrangements, please RSVP to Ms Adriana Coutman here by 26 October 2018.

District Court delays and resourcing - ABC News Article

Tue Oct 30 2018
Law reform and public affairs

ABC TV News featured a story last night on District Court resourcing, featuring comments from President Arthur Moses SC welcoming the appointment of seven additional judges, but also raising the need for a review of the court’s operations. To view the news bulletin, click here.

AAWJ - Invitation to attend a screening of the movie The Judge

Tue Oct 30 2018

The Australian Association of Women Judges invites you to attend a screening of the movie The Judge, which follows one of the first female judges to serve in an Islamic court of law. It has been described as “an intimate profile of Kholoud al-Faqih, who in 2009 was one of two women appointed to preside over a sharia court in the West Bank — becoming the first in that role in the Palestinian territories and still among only a few such female judges in the world.”

Date: Friday 30th November, 2018 Screening 5.30pm to approx. 7.15pm (film 97 minutes) Venue: Banco Court, Level 13, Supreme Court of New South Wales, Queens Square, Sydney After Screening: Informal Drinks and Nibbles

Registrations are essential. For more information and for details on how to register please click here.

Malcolm Turnbull to be Guest of Honour - rise2018 Formal Dinner - Register Now!

Tue Oct 30 2018
Registrations close 5 November, register here now!

The Hon Malcolm Turnbull, former prime minister of Australia, will join guests at the conference’s black tie dinner on Friday, 16 November. An exclusive opportunity to hear from Mr Turnbull.

Register now!

Join guests for an evening of inspiring conversation and gourmet canapes and three-course menu with expertly matched wines. We encourage you to join the conversation, entertain clients and network with members of the Bench, Bar, Government and Media.

  • When: Friday 16 November, 6.30pm-10.30pm
  • Where: The Cutaway, Barangaroo
  • Who: open to all professions, those not attending the conference may still buy tickets or tables at the dinner
  • Cost: $340 each| $3,400 per table of 10 | $10,000 for a VIP table of 10

Single or group tickets (including tables of 10) are available for purchase through the conference website. If you are interested in buying a VIP table at this dinner, please contact conferences@austbar.asn.au.

A detailed program, including social events, can be found here.

Tonight: The 2018 Plunkett Lecture - “The Royal Prerogative of Mercy”

Mon Oct 29 2018

On Monday, 29 October 2018 the attorney general of New South Wales, the Hon Mark Speakman SC MP, will deliver the 2018 Plunkett Lecture at 5.15 pm in the NSW Bar Association Common Room. The attorney general’s topic of address will be “The Royal Prerogative of Mercy”. Senior vice-president of the Bar Association, Tim Game SC will chair the lecture. Learn more here.

Everyone is welcome to attend the lecture.

Pre-trial disclosure amendment commences 2 November

Mon Oct 29 2018
Practice and procedure

The Criminal Procedure Amendment (Pre-Trial) Disclosure Act 2018 commences on Friday, 2 November 2018. The Act gives effect to recommendations of the statutory review of the Criminal Procedure Act 1986 with respect to the mandatory pre-trial disclosure by the prosecutor and the accused person of certain evidence and other matters in proceedings for indictable offences. The Bar Association’s Criminal Law Committee were consulted on the amendments and provided a submission in response to the statutory review.

Members may view the Criminal Procedure Amendment (Pre-Trial) Disclosure Act 2018 here.

Amendment to the High Court Rules

Mon Oct 29 2018
Practice and procedure

The High Court Amendment (Constitutional Writs and Other Matters) Rules 2018 will commence on 1 November 2018. Following a review of the provisions in the High Court Rules 2004 relating to applications for writs of mandamus, prohibition, certiorari, habeas corpus and quo warranto, the justices of the High Court have agreed a number of amendments to Part 25 of the Rules to provide a more streamlined procedure for the filing and consideration of applications. Learn more here.

Defamation law reform in an online world

Mon Oct 29 2018
Law reform and public affairs

The Law Council will host two seminars in Sydney on comparative law issues in defamation law reform - on 31 October and 8 November 2018. Speakers include Michael Sexton SC, solicitor-general for NSW, Justice Steven Rares, Federal Court of Australia, Justice Robert Beech-Jones, Supreme Court of NSW. Information about topics, speakers and registrations is available here.

WBF Cocktails and Canapes to celebrate the women silks of 2018

Mon Oct 29 2018
Diversity

The Women Barristers Forum invites members to join them for cocktails and canapes at the Verandah Bar Restaurant on Wednesday 7 November from 5.30 - 7.30pm, to celebrate the appointment of women senior counsel for 2018. Guest speaker will be The Hon Justice Lucy McCallum. All members are welcome. Early bird registration ends 1 November 2018. Please register here.

Additional judges welcome but District Court review still needed

Mon Oct 29 2018
Message from President Arthur Moses SC

President Arthur Moses SC has welcomed today’s announcement by Attorney General Mark Speakman SC of an additional seven permanent judges for the District Court of NSW.

"The Bar Association has been very concerned for some time about the lack of resourcing and other support for District Court judges in the face of a crushing workload", Mr Moses said.

Read the president's media statement here.

Election of the 2019 Bar Council - the ballot

Mon Oct 29 2018
Governance

Ballot papers for the election of the 2019 Bar Council have been mailed to all those eligible to vote. Ballot papers received after 1.00pm on Thursday, 1 November 2018 will not be counted. Learn more here.

Appearing before Tribunals

Mon Oct 29 2018
Wednesday, October 31 2018 - Appearing before Tribunals

Please join Deputy Presidents of the NSW Civil and Administrative Tribunal and the Commonwealth Administrative Appeals Tribunal as they discuss tips for effective advocacy when appearing before tribunals. The panel includes The Hon. Acting Judge Jennifer Boland AM, Deputy President, NSW Civil and Administrative Tribunal, Ms Jan Redfern PSM, Deputy President, Administrative Appeals Tribunal and Surya Palaniappan, Sixth Floor. Learn more here.

The seminar will be held in the Law Society, Level 3, 170 Philip Street commencing at 5.15pm.

This is the second CPD in the Women Barristers Forum’s Advocacy Skills Series.

Swearing-in for Lea Armstrong - Correction - held at 9.15am

Fri Oct 26 2018
Appointments

Lea Armstrong will be sworn-in as a Supreme Court judge and as president of the NSW Civil and Administrative Tribunal (NCAT) on Wednesday, 31 October 2018 at 9.15am in the Banco Court. Barristers should wear wigs and gowns. Senior counsel should wear full-bottomed wigs.

Change of Venue - Appearing before Tribunals

Fri Oct 26 2018
Wednesday, October 31 2018 - Appearing before Tribunals

Please join Deputy Presidents of the NSW Civil and Administrative Tribunal and the Commonwealth Administrative Appeals Tribunal as they discuss tips for effective advocacy when appearing before tribunals. The panel includes The Hon. Acting Judge Jennifer Boland AM, Deputy President, NSW Civil and Administrative Tribunal, Ms Jan Redfern PSM, Deputy President, Administrative Appeals Tribunal and Surya Palaniappan, Sixth Floor. Learn more here.

The seminar will be held in the Law Society, Level 3, 170 Philip Street commencing at 5.15pm.

This is the second CPD in the Women Barristers Forum’s Advocacy Skills Series.

Celebrating Women Law Breakfast with Julia Baird

Fri Oct 26 2018
Friday 16 November

Join us and our Guest Speaker Julia Baird for the Celebrating Women Law Breakfast on the opening morning of the rise2018 National Conference.

Host of The Drum on ABCTV, a columnist for the New York Times, the Age and the Sydney Morning Herald, Julia is a critically acclaimed and best-selling author.

Register now!

  • When: Friday 16 November, 7.15am
  • Where: Planar Restaurant, Darling Harbour
  • Who: open to all professions, those not attending the conference may still buy tickets
  • Cost: $95

A detailed program, including social events, can be found here.

Bar President supports Tasmanian Criminal Defence Lawyers

Thu Oct 25 2018
Message from President Arthur Moses SC

The President of the New South Wales Bar Association, Arthur Moses SC, has today supported the president of the Law Society of Tasmania, Will Justo, in condemning remarks by a Tasmanian State Government Minister about criminal defence lawyers.

As reported in LawyersWeekly, available here, president Justo has sought an apology from the Tasmanian Minister for Police, Fire and Emergency Management, Michael Ferguson MP, for comments made in August which Mr Justo described as "without foundation, dishonourable and disgraceful".

In an open letter to the Minister, Mr Justo said that “The maintenance of the rule of law requires a strong and independent legal profession. That profession stands up to government overreach and represents the vulnerable, including those charged with criminal offences. It is often not a popular thing to do, but fairness demands that everyone, including those charged with a crime, be given a fair go. Unfortunately, your comments demonstrate that you have little idea or regard for such important principles.”

Mr Moses said today that “President Justo is right - a skilled, respected and independent legal profession remains as fundamental to the rule of law and the proper administration of justice as ever before”.

“I join with President Justo in condemning the Minister’s remarks. Criminal defence lawyers play an important role in putting the prosecution to proof and ensuring that vulnerable, unpopular or offensive people, or persons associated with unpopular causes such as those facing criminal charges, are not left without representation in courts of justice.

"Lawyers should never flinch from their duty to help all those who are elected to parliament - ministers above all - understand and accept that the privileges of legal representation should not only be available to the powerful or the popular," Mr Moses said.