Australian Disputes Centre Mediation Training and Accreditation Program

Thu Oct 11 2018

Join the Australian Disputes Centre’s Mediation Training and Accreditation Program in Sydney in October and November. Delivered by Australia’s leading ADR, not-for-profit institution, this program has successfully helped many professionals integrate mediation into their professional work; honing their skills as an advocate in the context of mediation and becoming an accredited mediator. For current mediators, ADC’s program includes two professional development days.

Established by the NSW Attorney General and Sir Laurence Street in 1986, the Australian Disputes Centre has trained many of the legal community’s most respected mediators throughout Australia.

Upcoming Sydney dates:

ALHR & NJP Human Rights Dinner - Tickets now on sale

Thu Oct 11 2018

Tickets are now on sale for the ALHR - NJP Human Rights Dinner being held on 26 October 2018 at 7.00pm at the Sky Phoenix Restaurant, 188 Pitt Street Sydney.

Join Australian Lawyers for Human Rights and the National Justice Project for dinner to support their work to protect and promote human rights in Australia. Special guest speakers are Tony McAvoy SC and Larissa Behrendt. For further information and to book please click here.

Greenway Chambers performing at Law Rocks on Thursday 25 October from 7pm

Thu Oct 11 2018

Greenway Chambers’ band is performing at Law Rocks on Thursday 25 October at Oxford Art Factory. All proceeds go to the charities Lily’s Getaway and Yalari.

The gig starts at 7pm. The band is 3rd out of a line-up that also includes bands from Norton Rose Fulbright, DLA Piper, Corrs and KPMG.

Tickets are $45 each and can be purchased from the Law Rocks website or direct from Greenway’s clerk, Imogen Thomas by email here.

Final two Academy of Law events for 2018

Wed Oct 10 2018

The Academy has two events remaining in NSW this year, both to be held in the Banco Court:

  1. On Tuesday 27 November, the third and final Access to Justice event (this one will be on Non-financial barriers to access to justice). For further information click here. DATE: Tuesday 27 November 2018 TIME: 5:00pm – 6:30pm PLACE: The Banco Court, Level 13 Law Courts Building, Queen’s Square, Sydney

  2. On Wednesday 28 November the launch by Justice Margaret Beazley of the book of last year's Conference papers, The Future of Australian Legal Education. For further information click here. DATE: Wednesday 28 November 2018 TIME: 5.30 pm PLACE: The Banco Court, Level 13 Law Courts Building, Queen's Square, Sydney

Bar Book Club

Wed Oct 10 2018

The next meeting of the Bar Book Club will be held at 5.30pm on 16 October 2018 - a new time due to Bar Association change in office hours. The book is We Have Always Lived in the Castle by Shirley Jackson. Good Reads reviews here.

Defamation law reform in an online world

Tue Oct 09 2018
Law reform and public affairs

The Law Council of Australia is hosting two seminars on comparative law issues in defamation law reform.

Calls for reform of Australia’s outdated defamation laws have been revived now that NSW Attorney-General Mark Speakman SC has released the long-delayed Review of the Defamation Act 2005 (NSW). The Attorney-General has asked the national Committee of Attorneys General to undertake a “cyber-age reboot” of the uniform legislation.

Two seminars will be held on 31 October and 8 November 2018. The first of these considers defence issues, while the second of these focuses on specific problem areas for plaintiffs. These seminars focus on how the Section 49 Review has dealt with internationally discussed freedom of speech issues in an online world.

For more information and to register for the seminars please visit the Law Council of Australia website here.

Local Court sitting arrangements during the Christmas New Year period

Tue Oct 09 2018

The Local Court has released its sitting arrangements for the Christmas New Year period 2018-19. In accordance with Rule 8.2A of the Local Court Rules 2009, normal rostered sittings are suspended on and from Monday, 24 December 2018 and recommence on Monday, 7 January 2019. Information regarding adults and juveniles in custody, as well as apprehended violence orders, is available here.

15 Bobber for Justice Kelly Rees

Tue Oct 09 2018

Members of the NSW Bar Association are invited to attend the 15 Bobber for the Hon Justice Kelly Rees, celebrating her recent appointment to the Supreme Court of New South Wales. The 15 Bobber will be held Friday, 19 October in the New South Wales Bar Association Common Room. Speaking for her Honour will be Mr Peter Braham SC. The event begins at 5.15pm with speeches beginning at 5.30pm. RSVP here by Friday, 12 October 2018.

District Court delays and resourcing - ABC News Article

Mon Oct 08 2018

ABC TV News featured a story in their Friday night bulletin regarding her Honour Judge Tupman's comments on the delays in the District Court, including an interview with President Arthur Moses SC regarding judicial resourcing. For more information click here.

CPD in October

Mon Oct 08 2018

Monday, October 15 2018 - Surrounding Circumstances in Contractual Interpretation: the State of the Law

Presented by John Eldridge, Lecturer, The University of Sydney. Chaired by Greg Tolhurst. This is a lunchtime seminar commencing at 1 pm. Learn more here.

Wednesday, October 17 2018 - Criminal Trial Advocacy: Observations from the Bench

This is a unique and valuable opportunity for the NSW Bar to benefit from the observations of two Judges of the District Court of New South Wales on criminal trial advocacy. The panel includes Her Honour Judge J A Girdham SC and Her Honour Judge H L Syme. Learn more here.

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

Thursday, October 18 2018 - Contracting Out of Statutory Prohibitions Against Misleading or Deceptive Conduct

Presented Richard Scruby SC, chaired by Dr Kristina Stern SC and commentary by The Hon JD Heydon AC QC. Learn more here.

This seminar has been organised by the Commercial Law Section.

Thursday, October 25 2018, - Judicial Q&A

The New Barristers’ Committee will again host the Judicial Q&A panel in the Bar Common Room on Thursday, 25 October at 5.15pm. The Q&A will feature a panel of judges who will answer your burning questions, which you dare not ask in court. This year the panel will include Justice Julie Ward, Chief Judge in Equity, Supreme Court of NSW; Justice Michael Lee SC, Federal Court of Australia and Judge Penelope Wass SC, District Court of NSW. Learn more here.

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.

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

The 2018 Plunkett Lecture

Mon Oct 08 2018

The Attorney General of New South Wales, the Hon Mark Speakman SC MP, will deliver the 2018 Plunkett Lecture on Monday, 29 October 2018 at 5.15 pm in the NSW Bar Association Common Room.

Everyone is welcome to attend the Lecture.

Upcoming Forbes Society tutorials

Mon Oct 08 2018

The next tutorial in the Forbes Society series of legal history tutorials will be presented by the Chief Justice, the Hon T F Bathurst on Thursday 18 October 2018 at 5.15pm in Banco Court. The title of the tutorial is, ‘The History of the Law of Commercial Arbitration’.

Everyone is welcome to attend.

Everything you wanted to ask a judge but are too afraid to ask

Mon Oct 08 2018

The New Barristers’ Committee will again host the Judicial Q&A panel in the Bar Common Room on Thursday, 25 October at 5.15pm. As usual, the Q&A will feature a panel of judges who will answer your burning questions, which you dare not ask in court. However, this year drinks (like costs) will follow the event at the St James Crypt and Garden Courtyard (across from the court). Members are welcome to attend one or both events.

  • Register here for the Q&A and to submit your questions for the panel
  • Register here for the drinks (free for under 5s, $30 for over 5s)

Please note that registrations are necessary for Under 5s attending the drinks (regardless of no cost) for catering purposes.

The Q&A panel discussion is designed to allow under 5s to pose questions to judges from the Federal Court, Supreme Court and District Court with a view to assisting new barristers in their court craft, advocacy and practice in those courts.

The drinks function which follows will provide an opportunity for New Barristers to catch up. The drinks will also serve as an opportunity to welcome the new cohort of Barristers from the 2018 Bar Practice Courses.

Members of the judiciary and barristers over 5 years are also invited to the drinks.

We would also like to thank BarCover who are kindly sponsoring this event. To find out more about what BarCover has to offer you please visit their website.

Ian David Cullen (1947-2018)

Mon Oct 08 2018

Ian David Cullen, admitted to the New South Wales Bar in December 1976 and formerly of 3 Wentworth Chambers, died on Saturday. A funeral will be held in St James, King Street on Friday, 12 October 2018 at 10.30am.

New Race Discrimination Commissioner announced today

Fri Oct 05 2018

The Hon Christian Porter MP has today announced the appointment of Mr Chin-Leong Tan has been appointed as Australia’s new Race Discrimination Commissioner. He will take up the position on Monday, 8th October 2018.

Mr Chin-Leong Tan has been appointed to the position for a term of five years.

Mr Tan is a well-known and recognised leader in the multicultural community. Click here to see the media release.

'I fear for my colleagues': judiciary workload could have tragic consequences

Fri Oct 05 2018

District Court judge Robyn Tupman warned it could come to someone taking his or her life before action was taken to ease the workload of members of the NSW judiciary in comments featured in the Sydney Morning Herald today. Click here to read the full article which features a comment by the President, Arthur Moses SC.

Contingency Fees on the Legal Table

Fri Oct 05 2018

If litigation funding and contingency fees are permitted to operate in Australia then there should a closely regulated regime. See my opinion piece at page 26 of today’s Australian Legal Affairs section. Click here(paywall) to see the full article.

Michael Wheelahan QC appointed to the Federal Court

Fri Oct 05 2018

Mr Michael Wheelahan QC has been appointed as a judge of the Federal Court of Australia. Mr Wheelahan QC commenced in the Melbourne Registry from on 3 October 2018.

Mr Wheelahan graduated with a Bachelor of Laws from the University of Melbourne in 1986, and was admitted as a practitioner of the Supreme Court of Victoria in 1987.

He began his career as a solicitor with Madden Butler Elder & Graham and was called to the Victorian Bar in 1990 and was appointed silk in 2004. Click here for a copy of the full media release.

Senior counsel 2018

Fri Oct 05 2018

The appointment of senior counsel for 2018 will be announced at 1.00pm today. Learn more here.

rise2018 National Conference - Register Now

Thu Oct 04 2018

Register now to join the ABA, NSWBA at the rise2018 national conference scheduled to take place from 15-17 November in Sydney; a conference by the Bar for all professionals! Click here for more information.

The conference boasts an exciting and engaging line-up of speakers, interesting and topical discussion, this event is not to be missed!

  • Be inspired by leaders of the profession
  • Gain insights from ASX-listed General Counsel
  • Explore with CSIRO how the profession will be disrupted
  • Network with your peers from the bench, bar, firms and in-house
  • Join the conversation and shape the profession

The conference brings together Australia’s legal profession to discuss issues impacting on legal institutions, the rule of law and legal practice.

Hear from leading voices in the profession including:

  • The Hon Chief Justice Susan Kiefel AC, High Court of Australia
  • The Hon Chief Justice James Allsop AO, Federal Court of Australia
  • The Hon Chief Justice Tom Bathurst AC, Supreme Court of NSW
  • The Hon Justice Virginia AC Bell, High Court of Australia
  • The Hon Christian Porter MP
  • The Hon Mark Speakman MP
  • Sharon Cook, Chief Legal & Commercial Council NAB
  • Caroline Cox, Group General Counsel, BHP
  • Bret Walker SC
  • David Marr, ABC
  • Angela Wood, Partner KPMG
  • Sarah McNaughton SC, Commonwealth Director of Public Prosecutions

Sessions of interest include:

  • Q&A with Tony Jones, ABC
  • Change and the Legal Profession with The Hon Chief Justice Susan Kiefel AC
  • Directors’ Duties with Sharon Cook, NAB
  • In Conversation with the Regulators with Daniel Crennan QC
  • Class Actions – proudly supported by IMF Bentham
  • Navigating the Future with Vivek Srinivasan, Futures Manager - CSIRO
  • Effective Triage of Major Multi-faceted Disputes
  • Running Appeals in the 21st Century with The Hon Justice Pamela Tate, Supreme Court of Victoria

The conference also boasts genuine networking and social opportunities, including our Celebrating Women in Law breakfast, supported by Fairfax & Roberts, held on Friday 16 November at Planar Restaurant, ICC Sydney. Join us to hear from guest speaker Julia Baird, ABC.

We encourage you all to join the conversation, entertain clients and network with members of the bench, bar, government and media.

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

Please contact the event organisers here if you have any questions in relation to the program, pricing or how to register.

I will not stand for re-election

Thu Oct 04 2018
Statement from President Arthur Moses SC

Dear members and colleagues

It has been an honour and a great privilege to serve as President of the New South Wales Bar Association during 2017-18. After careful consideration, I have made the decision not to stand for re-election this month.

I have been humbled by the trust that you have placed in me and what we have achieved together over the last eighteen months. I am acutely aware of the great privilege and responsibility that comes with serving the New South Wales Bar. With every decision that came across my desk, I have always strived to act in the best interests of members and the Bar. This decision has been no different. I have decided to announce it at this time so that there is transparency and accountability before the time for nominations close on 8 October 2018.

From 1 January I will be taking up the position of President of the Law Council of Australia. I am pleased to be able to continue to serve the Australian legal profession in this new capacity. However, I believe it is in the best interests of the New South Wales Bar for me to step aside at this election to provide an opportunity for others to take up leadership of the Association while I serve in the office of President of the Law Council of Australia.

As the oldest and largest independent Bar in this country, I could not be more proud of the sterling standard of service, advocacy and citizenship that the New South Wales Bar continues to represent. Please be assured I will work with our next president to ensure a smooth transition.

I encourage all members to take every opportunity to be involved in the life and leadership of the Association to ensure that it continues to reflect the views of its members and remains a powerful voice for the administration of justice and the public good. The ballot for nominations to Bar Council closes at 4pm on Monday 8 October. I encourage any member who is of the view that she or he can contribute to the important and difficult work of the Bar Council to nominate.

I would like to take this opportunity to thank the current members of the Executive: Tim Game SC , Andrew Bell SC, Anna Mitchelmore and Sophie Callan. I have been very grateful for their selfless work, wise counsel and friendship. I could not have discharged my duties without each of them. I also pay tribute to the Bar Councillors of 2017 and 2018 for their tireless service, contribution and advice, as well as the many members who have graciously given of their time and expertise to assist myself and the Association.

I wish to express my sincere gratitude to the Association’s Executive Director Professor Greg Tolhurst for his leadership,dedication and counsel, and the staff of the Bar Association for their enthusiasm, professionalism and hard work.

I wish all candidates well and thank them for offering their service to the Bar. I look forward to working with the new President of the New South Wales Bar Association to serve our profession and the administration of justice. In the interim, I will continue to devote my energies as President until a new President is elected.