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Final sitting of the Hon Terry Sheahan AO

Mon Aug 12 2019

The Hon Justice Terry Sheahan AO will be delivering his final judgment at the Land and Environment Court on Friday 16 August 2019. To mark the occasion a final sitting will be held to mark his retirement at 9am in Court 12A, Level 4, 225 Macquarie Street Sydney.

Junior Vice-President Gabrielle Bashir SC will speak on behalf of the New South Wales Bar Association.

Robes but not wigs are to be worn.

Equitable Briefing Policy Reports Due 30 September 2019

Mon Aug 12 2019
Diversity

Members are reminded that the deadline for the submission of annual reports to the Law Council of Australia under the Equitable Briefing Policy is 30 September 2019. The reporting requirement applies to entities and individuals who have adopted the Law Council of Australia’s Model Equitable Briefing Policy. The reports are confidential. A barrister’s report should address the following, by reference to gender:

  • The number of barristers briefed as their junior or as their leader during the year
  • The number of barristers who were briefed as junior barristers as a result of a recommendation by senior barristers* (if known)
  • The number of barristers who were briefed as senior barristers as a result of recommendations by junior barristers (if known); and
  • The number of barristers recommended to briefing entities in new matters.

  • The policy defines senior barristers are barristers of 10 or more years standing at the independent bar, or who are Queen’s Counsel or Senior Counsel.

For more information, please visit Law Council’s website here.

Women Lawyers Gala Presentation Dinner

Mon Aug 12 2019
Diversity

Members are invited to the biennial Gala Presentation Dinner for the NSW Women Lawyers Achievement Awards, to be held on Friday, 23 August 2019 at Dockside Cockle Bay. The guest speaker will be Emeritus Professor Rosalind Croucher AM, president of the Australian Human Rights Commission. For more information, or to reserve your place, click here.

Systemic unconscionable conduct: evidentiary hurdles and recent cases 

Mon Aug 12 2019
Continuing Professional Development

The next Commercial Law Section CPD seminar will be held on Tuesday 27 August 2019 at 5.15pm in the Bar Association Common Room.

The seminar presented by Dr Elisabeth Peden and Daniel Tynan, and chaired by The Honourable J L B Allsop AO, Chief Justice, Federal Court of Australia, will discuss the history and development of the concept of statutory unconscionable conduct and some of the key evidentiary challenges in proving a case alleging such conduct. The presenters will also discuss the implications of the High Court’s most recent decision on the topic in ASIC v Kobelt [2019] HCA 18. For full details please click here.

Vulnerable Witness Advocacy Program - Saturday 12 October 2019

Mon Aug 12 2019
Limited places remaining

The NSW Bar Association is pleased to advise registrations are now open for The Vulnerable Witness Advocacy Training Program. The full-day program aims to promote an awareness of important issues and assist barristers with particular advocacy techniques relating to vulnerable witnesses.

This very practical course recognises the great sensitivities involved in questioning witnesses who are vulnerable. The full-day program includes advocacy training from senior instructors in areas the subject of recommendations by the Australian Royal Commission into Institutional Responses to Child Sexual Abuse.

More information on the workshop fees and registration, please click HERE.

**Places are extremely limited. Please register early to avoid disappointment.

Government to consult on proposal to establish a single personal injury tribunal

Fri Aug 09 2019

The Minister for Customer Service has today announced, click here, the Government’s support for the establishment of a single personal injury tribunal to hear workers compensation and compulsory third party disputes.

The Minister has also announced that the Government will be conducting a consultation process regarding an appropriate model for the new tribunal. The State Opposition has also today issued a media release expressing concern that the proposal may negatively impact on the rights of injured workers and motorists, available here.

The release also refers to the Government’s response to the 2018 Standing Committee on Law and Justice Inquiries into Workers Compensation and CTP. The reports of these inquiries can be found at the Standing Committee’s webpage here and here. The Government responses to the reports can be found here.

Female Law Students Open Day

Fri Aug 09 2019
Inclusion and Diversity

The Bar Association seeks volunteers to assist in running the Female Law Students Open Day on the morning of Friday, 16 August 2019. Volunteers are needed to take groups of students to meet with judges, to see the courts in operation and to answer queries the students may have about life as a barrister. The Open Day provides students with an opportunity to gain some insight into the workings of the Bar, and is conducted to encourage students to consider a career as a barrister. If you are able to volunteer your time between the hours of 8.45am and 12.30pm please email Ting Lim.

International Arbitration Practice Course to be opened by the Hon. Chief Justice James Allsop AO

Fri Aug 09 2019

The Law Council of Australia, International Law Section will be hosting a series of International Arbitration Practice Courses.

The first session, scheduled for 20 August, will be opened by the Hon. Chief Justice James Allsop AO.

Date: 20 August 2019 Location: Baker McKenzie, Tower One - International Towers Sydney, 100 Barangaroo Avenue, Barangaroo, NSW Time: 7:45 AM ‐ 9:00 AM

For more information and to register please click here.

Draft Legal Profession Uniform Admission Amendment (Qualifications) Rule 2019 (Draft Rule)

Fri Aug 09 2019

The Legal Services Council today released, for public comment for a period of at least 30 days, the draft Legal Profession Uniform Admission Amendment (Qualifications) Rule 2019 (Draft Rule) in accordance with s 426 of the Uniform Law.

The Draft Rule relates to the admission of foreign lawyers in NSW and Victoria, a function performed by the admitting authorities in each State.

Should you wish to make a submission by 16 September. You can read the full story here.

Room for Sale - Sir James Martin Chambers

Fri Aug 09 2019

A well-sized external room (25sqm) with great views is available for sale at Sir James Martin Chambers.

To make an appointment to view, or for further information regarding the room please contact the Clerk, Kirsti Reith, on 9223 8088 or clerk@sirjamesmartin.com.

All enquiries will be treated in the strictest confidence. Visit Sir James Martin Chambers’ website here www.sirjamesmartin.com

ILS International Law and Practice Course 2019, Lecture 6

Thu Aug 08 2019

On 12 August 2019 the Law Council will host the sixth in its series of lectures as part of the ILS International Law and Practice Course. Guest speaker Mary Walker will speak on 'The implication of the recently signed Singapore Mediation Convention for Australian practitioners'. Learn more here. The lecture will take place at the Sydney offices of Herbert Smith Freehills, ANZ Tower, 161 Castlereagh Street at 7.45am-9.00am. More information about the lecture, and registration, is available here.

Internal room for sale - Sixth Floor Windeyer Chambers

Thu Aug 08 2019

An internal room is available for sale or licence at Sixth Floor Windeyer Chambers due to a statutory appointment.

The sale price is $25k negotiable, floor fees are $2,653.00 per month (including GST and CCL maintenance levy). The floor recently underwent renovations. Practice areas include Commercial, Equity, Native Title, Criminal Law and Land & Environment.

Please contact the clerk, Heather, on (02) 9235 3100 or clerk6@windeyerchambers.com.au All enquiries will be kept confidential. Link to website is here.

Annual Supreme Court Corporate and Commercial Law Conference 2019

Thu Aug 08 2019

The Annual Supreme Court Corporate and Commercial Law Conference supported by the Supreme Court of New South Wales, the Law Society of New South Wales and the University of Sydney will be held on Tuesday 29 October 2019.

In the wake of Commissioner Hayne’s Report and the continuing consequences of the Global Financial Crisis a decade earlier, what is the future of the Australian business corporation and is it adequately equipped to deal with the challenges of our future?

Register now for an engaging afternoon as we explore this thought-provoking topic at the Supreme Court of New South Wales Annual Commercial and Corporate Law Conference on Tuesday 29 October 2019. Hear from our distinguished speakers as they seek to provide a coherent answer to this important question, which could have profound consequences for business, regulators and the legal profession.

Event details are as follows:

Time: 1.00pm - 6.00pm Venue: Banco Court, Supreme Court of New South Wales, Queens Square

For more information and to register please visit the conference website here.

Speakers include: • The Honourable TF Bathurst AC, Chief Justice of New South Wales • The Honourable Justice James Edelman, High Court of Australia • Professor Colin Mayer CBE FBA, Peter Moores Professor of Management Studies, Said Business School, University of Oxford • Catherine Livingstone AO, Chairman, Commonwealth Bank of Australia • Daniel Crennan QC, Deputy Chairman, ASIC • Dr R P Austin, Barrister, Level 22 Chambers

Systemic unconscionable conduct: evidentiary hurdles and recent cases 

Thu Aug 08 2019
Continuing Professional Development

The next Commercial Law Section CPD seminar will be held on Tuesday 27 August 2019 at 5.15pm in the Bar Association Common Room.

The seminar presented by Dr Elisabeth Peden and Daniel Tynan, and chaired by The Honourable J L B Allsop AO, Chief Justice, Federal Court of Australia, will discuss the history and development of the concept of statutory unconscionable conduct and some of the key evidentiary challenges in proving a case alleging such conduct. The presenters will also discuss the implications of the High Court’s most recent decision on the topic in ASIC v Kobelt [2019] HCA 18. For full details please click here.

Book launch - Victor Windeyer's Legacy: Legal & Military Papers

Thu Aug 08 2019

The Federation Press invites you to the launch of VICTOR WINDEYER'S LEGACY: Legal and Military Papers, edited by Bruce Debelle AO, QC. Click here for more information.

The book will be launched by Professor The Hon William Gummow AC on Tuesday 20 August, 5.15pm for 5.30pm-7pm. Banco Court, Level 13, Supreme Court of New South Wales.

RSVP acceptances only by Friday 16 August 2019, click here to RSVP.

Book will be available for purchase at the launch, refreshments will be served.

ILS International Law and Practice Course 2019, Lecture 6

Wed Aug 07 2019

On 12 August 2019 the Law Council will host the sixth in its series of lectures as part of the ILS International Law and Practice Course. The Hon Roger Gyles AO QC will open the session and guest speaker Mary Walker will speak on the topic of 'The implication of the recently signed Singapore Mediation Convention for Australian practitioners’, joined by panellists Tat Lim and Gary Birnberg. The lecture will take place at the Sydney offices of Herbert Smith Freehills, ANZ Tower, 161 Castlereagh Street at 7.45am-9.00am. More information about the lecture, and registration, is available here.

2019 ALPMA Summit - 4 to 6 September 2019

Wed Aug 07 2019

Registrations for the 2019 Australasian Legal Practice Management Association Summit are now open.

The theme for this years summit is Road Map to Transformation – Move Forward with Confidence

Date: Wednesday, 4 to Friday, 6 September 2019 Location: Melbourne Convention and Exhibition Centre Website: www.alpmasummit.com.au Contact: info@alpmasummit.com.au

The full conference program is also available here: https://alpmasummit.com.au/program/.

To access early bird rates for related association members you should register prior to Friday, 16 August 2019 using the promotional code EABIRD.

Michael Kirby speaks on “Our first and only black Chief Justice meets racism in Australia”

Wed Aug 07 2019

The Federation Press in association with the Francis Forbes Society cordially invites you to a public address delivered by the Hon Michael Kirby AC CMG and Professor Stefan Petrow of the University of Tasmania on the life of Sir Francis Villeneuve Smith, the third Chief Justice of Tasmania, and the issues of colonial and postcolonial racism in Australia.

Francis Villeneuve Smith was an immigrant who became the fourth Premier of Tasmania, the third Chief Justice of the Colony and the first Australian Chief Justice to have been Premier. He was born in 1819 to an English father and a Caribbean mother. He was trained as a barrister in London and eventually made his home in Hobart Town where he enjoyed quick success in politics and at the Bar. Living in Hobart he was repeatedly insulted for his skin colour and parentage by the locals. Yet his ability won for him high office, although his mother was largely isolated by the socially conservative race-conscious community. He was eventually knighted but left Tasmania to return to England where he died.

A biography of this remarkable barrister, politician, judge and Chief Justice, largely forgotten until now, has been written by Dr John Bennett together with Dr Ronald Solomon in the series Lives of the Australian Chief Justices published by The Federation Press (The Francis Forbes Society helped fund the research that lead to the book). To reflect on his life and times, Professor Stefan Petrow (Professor of History, University of Tasmania) will describe Smith's life, successes and hardships. The Hon Michael Kirby will pick up the story, describe colonial and postcolonial racism in Australia and derive some lessons for today.

The address will take place on Thursday, 15 August 2019 at 5.15 for 5.30pm-6.30pm at the following address:

  • Bar Common Room
  • New South Wales Bar Association
  • Selborne Chambers
  • B/174 Phillip St
  • Sydney NSW 2000

Please RSVP to marketing@federationpress.com.au by Thursday, 8 August.

Book launch - Victor Windeyer's Legacy: Legal & Military Papers

Wed Aug 07 2019

The Federation Press invites you to the launch of VICTOR WINDEYER'S LEGACY: Legal and Military Papers, edited by Bruce Debelle AO, QC. Click here for more information.

The book will be launched by Professor The Hon William Gummow AC on Tuesday 20 August, 5.15pm for 5.30pm-7pm. Banco Court, Level 13, Supreme Court of New South Wales.

RSVP acceptances only by Friday 16 August 2019, click here to RSVP.

Book will be available for purchase at the launch, refreshments will be served.

Us Too?: Bullying and sexual harassment in the legal profession – what is the NSW Bar doing?

Wed Aug 07 2019
Continuing Professional Development

On Wednesday, 21 August the Bar Association's Diversity and Equality Committee will host a CPD seminar on the findings and recommendations of the International Bar Association's (IBA) report into bullying and sexual harassment in the profession. The report, 'Us Too? Bullying and Sexual Harassment in the Legal Profession' draws on data collected from nearly 7,000 surveyed legal professionals from 135 countries with respondents from across the legal spectrum, including barrister's chambers, government and the judiciary. Speakers will include Kylie Nomchong SC, Chair, Wellbeing Committee; Larissa Andelman, President, Women Lawyers Association NSW and Kieran Pender, Senior Legal Adviser, Legal Policy & Research Unit – IBA. The event will be chaired by NSW Bar Association President Tim Game SC. Learn more here.

The seminar will commence at 5.15pm in the NSW Bar Association Common Room.

Natalie Zerial 1984 - 2019

Wed Aug 07 2019
Vale

Natalie Zerial a former barrister and member of the NSW Bar Association, sadly passed away in New York last week after battling cancer for 2 years.

Natalie left the NSW Bar a few years after meeting her husband, an American based in New York.

Today a memorial service will take place for Natalie in Brooklyn. In lieu of flowers, the family would prefer a donation to a cause close to Natalie's heart:

The Refugee Advice & Casework Service www.racs.org.au/donate-now/

or

The Brooklyn Bridge Park Conservancy www.brooklynbridgepark.org/pages/donate.

Natalie also wrote a Blog which contains some of her writings while battling illness.

https://beinginnewyork.com/