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Surviving the Sri Lankan civil war

Thu Oct 04 2018
Philanthropy

Members are invited to attend a literary lunch hosted by the Refugee Advice & Casework Service on Friday, 19 October 2018. The topic will be "The Power of Good People Surviving the Sri Lankan Civil War", presented by authors Para Paheer and Alison Corke. The special guest will be RACS patron Emeritus Professor Gillian Triggs. For more information about the speakers, or to reserve your place, visit the RACS website.

15 Bobber for Justice Kelly Rees

Thu Oct 04 2018
Collegiality

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.

2018 CIArb Australia Annual Dinner

Wed Oct 03 2018

Members are invited to attend the 2018 CIArb Australia Dinner featuring guest speaker, Allan Myers AC QC. To be held at No35, at the Sofitel Melbourne On Collins, the dinner will be attended by distinguished guests including members of the judiciary, business, government, media and global leaders of international dispute resolution. Learn more here.

Retirement ceremony for Chief Justice John Pascoe AC CVO

Wed Oct 03 2018
Collegiality

Members are advised a joint ceremony of the Family Court of Australia and the Federal Circuit Court of Australia will be held on Monday, 8 October 2018 to mark the retirement of Chief Justice John Pascoe AC CVO, chief justice of the Family Court of Australia. The ceremony will be held at 4.30pm in Court 1, Level 21, Queen's Square.

Nominations for 2019 Bar Council

Wed Oct 03 2018
Governance

Members are reminded that nominations for the 2019 Bar Council must be received by the returning officer by 4.00pm on Monday, 8 October 2018.

Nomination forms have been posted to all members. The form is available from the Bar Association's reception (ph: 9232 4055; fax: 9221 1149 or e-mail reception@nswbar.asn.au).

All nominations are acknowledged by e-mail to the candidate within 24 hours of their receipt by the returning officer. A candidate who has not received an acknowledgment within 24 hours of when they believe the nomination would have been received by the returning officer should immediately contact Georgina Stow at the Bar Association on ph: 9232 4055 or e-mail: gstow@nswbar.asn.au

CPD in October

Wed Oct 03 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.

Equitable briefing report due

Wed Oct 03 2018
Diversity

The equitable briefing reporting year closed on 30 June. Reports were due on 30 September.

This year, reports must be provided to the Law Council of Australia directly through its reporting portal. The portal for Counsel is here.

You can find the Law Council of Australia’s Guidelines, including templates for record-keeping and reporting, here.

If you have any questions about your reporting obligations under the equitable briefing policy, or any other matter to do with the policy, you are welcome to contact Ms Ting Lim, Senior Policy Lawyer, at the Bar Association: tlim@nswbar.asn.au. You can also contact the Law Council of Australia directly at mail@lawcouncil.asn.au.

/#Diversity

Courts in the crosshairs

Tue Oct 02 2018

In the Weekend Australian at page 17 on Saturday there was an important analysis by former High Court judge Dyson Heydon on unacceptable delays of judgments being delivered, especially in the Federal Court, which weakens the capacity of courts to do justice. Click here to see the full article.

Mental Health Month

Tue Oct 02 2018
Wellbeing

October is Mental Health Month and the Black Dog Institute is running a number of presentations as webinars for those of you who may not have had the opportunity to attend.

For more information or to register for one of these upcoming webinars, click here.

You can also join the Black Dog Institute for World Mental Health Day on Wednesday, October 10 on Facebook to catch live interviews with some of their team or visit their website here to learn more about the programs.

If you feel you not coping with work or other life pressures, remember that BarCare is available. Jenny Houen may be contacted via telephone on 0427 317 958 or via email: jhouen@barcare.org

Reader/First years accommodation available - 3 Wentworth Chambers

Tue Oct 02 2018
Member services and benefits

A former secretarial booth has become available on 3 Wentworth and would suit a reader or first year barrister. Combined licence/clerk fee of $500/mth for reader or 600/month for first year. Each plus GST and usage charges. Enquiries: email Elisabeth Peden here.

His Honour Judge Kevin O'Connor AM (1946-2018)

Tue Oct 02 2018
Vale

His Honour Judge Kevin O'Connor, former President of the Administrative Decisions Tribunal and Deputy President of NCAT, District Court Judge and Federal Privacy Commissioner passed away on Sunday 30 September 2018.

Details for funeral arrangements will be provided when these are available.

Appointments of the Chief Justice and Deputy Chief Justice of the Family Court of Australia (FED)

Fri Sep 28 2018
Appointments

Attorney-General, Christian Porter announced yesterday the appointment of the new Chief Justice and Deputy Chief Justice of the Family Court of Australia. "The new Chief Justice of the Family Court will be the Honourable William Alstergren, the current Chief Judge of the Federal Circuit Court of Australia and Deputy Chief Justice of the Family Court. Chief Judge Alstergren will retain his commission as Chief Judge of the Federal Circuit Court. With Chief Judge Alstergren’s elevation, the Honourable Justice Robert McClelland will become the new Deputy Chief Justice of the Family Court."

Click here for the full media release.

The Motor Accident Injuries Amendment (Indexation) Regulation 2018

Fri Sep 28 2018

The Motor Accident Injuries Amendment (Indexation) Regulation 2018 (the Regulation) has been published on the NSW legislation website.

The NSW Government committed to regular indexation of maximum legal costs and medico-legal fees during consultation on CTP Scheme Reforms.

The Regulation provides, with some exceptions, for annual adjustment in accordance with inflation of the maximum costs for legal services, and the maximum fees for medico-legal services, recoverable under the Motor Accident Injuries Act 2017. The provisions of the regulation will take effect on 1 October 2018.

Also published on the NSW legislation website are the following Orders, commencing on 1 October 2018: • Motor Accident Injuries (Indexation) Amendment Order 2018 • Motor Accidents (Determination of Non-Economic Loss) Amendment Order 2018 • Motor Accidents Compensation (Determination of Loss) Amendment Order 2018

The Regulation and Orders can be accessed here.

Civil Liability (Non-economic loss) Amendment Order 2018 (NSW)

Fri Sep 28 2018
Practice and procedure

The object of the Civil Liability (Non-economic Loss) Order 2010 is to adjust, for the year commencing 1 October 2018, the maximum amount that may be awarded for damages for non-economic loss under the Civil Liability Act 2002 (the Act). Section 17 of the Act requires the Minister to declare the amount in each year. The amount is to be indexed by reference to movements in average weekly earnings. An amount specified in the Civil Liability (Non-economic Loss) Order 2010 (as amended by this Order) applies to the exclusion of the corresponding amount specified in section 16 (2) of the Act.

Click here to see a full copy.

Robert David Harding SC (1946-2018)

Fri Sep 28 2018
Vale

Robert David Harding SC, former barrister, who was called to the Bar in 1977 passed away on Monday.

A private funeral service will be held next week for family and close friends.

Minds Count Lecture

Fri Sep 28 2018
Wellbeing

The Minds Count annual lecture will take place on Monday 12 November 2018, 5.45pm for 6.00pm start – 8.00pm at Federal Court, Sydney.

As mental health challenges generally increase, it is imperative that organisations’ have mental health and wellness strategies that are evidence-based, and can evolve with improving scientific knowledge.

Please join our speakers Stephen Sly, DLA Piper and Dr Brian Marien, The Positive Group. Stephen is the former co-chair of DLA Piper Litigation and Regulation Group and Brian is the co-founder and director of the Positive Group, a company dedicated to delivering evidence based techniques to improve the psychological wellbeing, resilience and performance of individuals and teams. Together they will outline some key points from the current research on behavioural psychology and also include some personal reflections on managing a career in a high performance culture.

We hope you can join us for this special event! Click here for more information and to register.

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

Fri Sep 28 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.

Announcement of Senior Counsel Appointments

Thu Sep 27 2018
Appointments

President Arthur Moses SC advises members of the NSW Bar Association that an announcement of senior counsel appointments for 2018 will be made on Friday, 5 October 2018.

Book your summer holiday now

Thu Sep 27 2018
Member services and benefits

Your Bar Association member benefits are perfect for planning your summer travels. You can save hundreds when booking your weekend trips, summer holidays and activities. Transform essentials into luxuries and have more leftover to enjoy your stay:

  • Save over $300 on a new Qantas Club Airline lounge membership.
  • Access up to 60% off accommodation in thousands of locations around the world.
  • Enjoy 3% off pre-purchased Flight Centre e-gift cards to purchase discounted flights and accommodation.
  • Receive an online quote with specially negotiated travel insurance premiums.
  • To access all these benefits, simply log in to your New South Wales Bar Association member area using your CPD streaming username and password.

*T&Cs apply. Prices and savings correct as of 25/09/2018

15 Bobber- Ms Kelly Rees SC - Appointment to the Supreme Court of NSW

Thu Sep 27 2018
Collegiality

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.

Message from the Bar Knitting (not only knitting) Group

Thu Sep 27 2018
Wellbeing

Click here to see a photo of our recent meeting. Aren’t you sorry you didn’t make it? By popular demand, at our next meeting we will start a Sock Knit-along. If you’d like to participate, all you need to do is to show up, armed with sock yarn and some 2.5mm or 2.75mm needles (either double pointed needles or a circular needle - ask if you aren’t sure). We will provide copies of a basic pattern (you can do some early reading if you like - click here and we’ll have experienced sock knitters at the meeting to provide assistance as required.

See you on the fourth Tuesday in October (23rd) to cast on your socks!

Indigenous Barristers' Trust - National Indigenous Legal Conference 2018

Thu Sep 27 2018

The current Reconciliation Plan reflects a lengthy and ongoing commitment of and the various steps being taken by the New South Wales Bar Association to address the substantial under-representation of First Nations barristers at the NSW Bar. The primary support mechanism is through the Indigenous Barristers Trust the Mum Shirl Fund (the Trust) which principally provides financial and other critical support to new First Nations barristers. The Trust has been generously supported by barristers and the judiciary since its inception in 2000.

The Trust usually makes a few grants each year to law students who aspire to practice as advocates but who needed to overcome significant financial disadvantages preventing them from completing their law studies. These grants make a significant difference to ensure that these students complete their law courses and in due course can achieve their dreams of practising at the Bar. A few grants each year are also made to young solicitors to attend advocacy courses to increase their professional skills for when they join the Bar.

Trustees of the Indigenous Barristers’ Trust are:

  • Chris Ronalds SC
  • Arthur Moses SC
  • Tony McAvoy SC
  • The Hon Justice Michael Slattery

One activity of the Trust is to annually fund two First Nations law students from each law school in NSW to the National Indigenous Legal Conference, which is not only a career development opportunity but also a wonderful opportunity to build important networks with fellow First Nations law students and lawyers from across Australia and demonstrate the many different areas of practice available for First Nations lawyers. This year the conference was hosted by the University of Western Australia and was held in Perth from 25 to 26 September 2018. The students sponsored by the Trust to attend the conference this year are:

  • Jude Barlow Charles Sturt University
  • Eliza McCabe Southern Cross University
  • Karen Gotts Southern Cross University
  • Odette Brown University of Newcastle
  • Gabrielle Hinchey University of Newcastle
  • Olivia Henderson University of Technology Sydney
  • Lehman Reti University of Technology Sydney
  • Ebony Adams University of New England
  • Mollie Jackson University of New England
  • Tiarni Herczeg Macquarie University
  • Alanna Reneman Macquarie University
  • Emily Bushell UNSW Sydney
  • Ashelee Christian UNSW Sydney

Click here to see a photo of the students who were at the conference in Perth this week.

The fund has tax deductible gift recipient status as a public benevolent institution under the Income Tax Assessment Act 1936 (Cth). Contributions of $2 or more are allowable deductions for income tax purposes. Click here to make a donation.