InBrief

SEARCH ALL POSTS

LSJ Speaker Series - Bullying

Thu Jun 13 2019

The International Bar Association has recently released the results of the largest-ever survey on bullying in the legal profession.

According to the data, as many as one in two female lawyers and one in three male lawyers have been bullied at work. These numbers are stark. In a profession that is premised on defending the rule of law, equality and justice for all, we lawyers are failing our own colleagues.

Join author, speaker and Walkley Award-winning journalist Catherine Fox as we tackle this issue in an open, conversational format at our next LSJ Speaker Series breakfast.

Catherine will speak alongside a panel of soon-to-be-announced speakers, moderated by LSJ journalist Kate Allman. Register here early to avoid missing out.

Date: Wednesday 26 June 2019 Time: 7.30am - Registration and networking breakfast 8.00am - Welcome and panel discussion 9.00am - Event concludes Venue: The Law Society of NSW, 170 Phillip Street, Sydney Cost: Member $55, Non-members $75 CPD: 1 CPD Unit

Family Law (Fees) Regulations 2012

Thu Jun 13 2019

The Family Court of Australia and the Federal Circuit Court of Australia have advised that court fees will increase from 1 July 2019.

The updated fees brochures are attached with the new fees.

Details of the changes are available on the websites:

  • Family Court of Australia - click here
  • Federal Circuit Court of Australia – Family Law, click here.

NOTE: General Federal Law fees in the Federal Circuit Court of Australia will also increase on 1 July 2019 - click here

Queen's Birthday Honours List

Thu Jun 13 2019
Personalia

The Bar Association is pleased to advise that the following members were recognised in the 2019 Queen's Birthday Honours List.

The Honourable Dr Annabelle Claire BENNETT AC SC - Companion (AC) in the General Division of the Order of Australia - For eminent service to the law, and to the judiciary,particularly in the field of intellectual property, to higher education, and to sports arbitration.

The Honourable Reginald Ian BARRETT - Officer (AO) in the General Division of the Order of Australia - For distinguished service to the law, and to the judiciary, particularly in the area of corporations law and legislation.

Mr Nicholas Richard COWDERY AM, QC - Officer (AO) in the General Division of the Order of Australia - For distinguished service to the law, to the protection of human rights, to professional legal bodies, and to the community.

The Honourable Dennis Antill COWDROY OAM QC - Officer (AO) in the General Division of the Order of Australia - For distinguished service to the law, and to the judiciary in the civilian and military spheres, through a range of senior roles.

The Honourable Carolyn Chalmers SIMPSON - Officer (AO) in the General Division of the Order of Australia - For distinguished service to the law, and to the judiciary, particularly in the areas of criminal, defamation, administrative and industrial law.

Mr James Lindsay GLISSAN ESM QC - MEMBER (AM) in the General Division of the Order of Australia - For significant service to the law in New South Wales.

His Honour Judge Christopher Gerard O'BRIEN - MEMBER (AM) in the General Division of the Order of Australia - For significant service to the law, and to the judiciary.

Mr Andrew Michael PHELAN - MEMBER (AM) in the General Division of the Order of Australia - For significant service to judicial administration.

The Honourable Justice Monika SCHMIDT - HONORARY MEMBER (AM) in the General Division of the Order of Australia - For significant service to the law, to the judiciary, and to industrial relations.

Rear Admiral the Honourable Justice Michael John SLATTERY RAN NSW - MEMBER (AM) Military Division of the Order of Australia - For exceptional service in the field of military law, particularly as Judge Advocate General of the Australian Defence Force

Mr Bruce LEVET - MEDAL (OAM) in the General Division of the Order of Australia - For service to the law in New South Wales

Mr Daniel Leonard O'CONNOR - MEDAL (OAM) in the General Division of the Order of Australia - For service to the law, and to the community

ABA says recent AFP raids on Journalists should prompt a review of how Journalists and their sources are protected

Thu Jun 13 2019
Media Release

The Australian Federal Police’s (AFP’s) raids on the home of a journalist and the headquarters of the Australian Broadcasting Corporation last week have ignited debate as to press freedom and the protection of their sources.

“While the government must be allowed to prevent the release of classified or sensitive information that poses a grave risk to Australia’s national interests, this must be balanced by a concern to not stifle the media’s ability to publish matters of public importance” said Jennifer Batrouney QC President of the Australian Bar Association.

A full copy of the media release is available here.

Save the date: The scope of the taxation promoter penalties regime

Thu Jun 13 2019
Coming up in CPD

On Wednesday 26 June 2019, at 5.15pm, Patricia Sampathy, Assistant Commissioner of Taxation, Integrated Compliance at Australian Taxation Office and Scott Treatt, Assistant Commissioner at the Australian Taxation Office will deliver a seminar on 'The scope of the taxation promoter penalties regime'. The event will be chaired by Elizabeth Bishop. Details to follow.

The Modern Slavery Act 2018 - What you need to know

Thu Jun 13 2019
8 am Tuesday, June 18 2019, Clayton Utz, Level 14, 1 Bligh Street Sydney

The Modern Slavery Act 2018 (Cth) (the Act) came into force on 1 January 2019, and the first reporting period under the legislation is the 2019 financial year. The Act requires over 3000 Australian companies and other entities to disclose how their operations and supply chain may contribute to modern slavery and explain the steps they are taking to address those risks. Entities in New South Wales are obliged to report under the Modern Slavery Act 2018 (NSW) if they have a turnover of $50 million.

Under the Act, senior management are accountable for preparing Modern Slavery Statements which are to be approved at Board level. The Reports need to address mandatory criteria, including: the entity’s structure, operations and supply chains; the action the entity has taken to assess and address those risks and how the entity assesses the effectiveness of those actions.

This panel session will examine the requirements of the Commonwealth and State legislation, their application and what needs to be done by entities and their legal advisers to ensure compliance. Moderator:

  • Cilla Robinson, Partner, Workplace Relations, Employment and Safety Group, Clayton Utz

Panel members:

  • Arthur Moses SC, President Law Council of Australia
  • Jon Downes, Head of Legal – Australasia and Deputy General Counsel - International, Willis Towers Watson
  • Mark Devadason, Director, The Mekong Club

This seminar has been organised by the NSW Bar Association’s Industrial Employment Health and Safety Committee and registration is open to members of the New South Wales Bar Association and the Association of Corporate Counsel Australia. Find out more HERE.

Registration required for catering purposes. To register please click HERE.

Environmental Counsel to the Board of the Environment Protection Authority

Thu Jun 13 2019
Expressions of Interest

The NSW Environment Protection Authority (EPA) is seeking expressions of interest from senior and junior counsel for appointment as Environmental Counsel to the EPA Board.

The EPA is the primary environmental regulator for NSW. We partner with business, government and the community to reduce pollution and waste, protect human health, and prevent degradation of the environment.

Under the Protection of the Environment Administration Act 1991, Environmental Counsel are practising barristers approved by the Minister for Energy and Environment and engaged by the EPA. The functions of Environmental Counsel include:

  • advising the EPA Board in relation to proposed serious environment protection offences under legislation administered by the EPA, so that the Board can determine whether or not the EPA should prosecute those offences;
  • advising the EPA Board on matters as requested; and
  • appearing for the EPA in matters as instructed.

Expressions of interest close on 21 June 2019. For more information and to apply please click here.

A “hypothetical” on Climate Change: the Science and the Law

Wed Jun 12 2019

The Australian Academy of Science and Australian Academy of Law are hosting a joint Symposium - a "hypothetical" on Climate Change: the Science and the Law.

A panel of experts on the science and the law relating to climate change will be asked questions by Justin Gleeson SC of the New South Wales Bar on this important topic.

DATE: Thursday 22 August 2019, 5.00pm – 7.30pm PLACE: Federal Court - Court No 1 Level 21 Law Courts Building, Queen’s Square, Sydney

The symposium will be followed by refreshments

Click here for more information and to register.

Remuneration Debate Event

Wed Jun 12 2019

Despite the predominance of women entering the profession there continues to be significant under-representation of women in the most senior roles as partners, in leadership roles, at the Bar and in the judiciary. The gender wage gap in the legal profession is one of the largest in Australia, reported to be 29.7% by WGEA in 2017 compared to an all industries gap of 22.4%. Keeping remuneration secret is a significant contributor to the large wage gap for women but it also has broader implications for work place culture in regard to trust, respect and very importantly collegiality and a sense of inclusiveness. Should firms publicly disclose their remuneration in quartile bands, like the UK model for pay disclosure requires?

Join us and our panel at 5.30pm on Tuesday 18th June 2019 to discuss and debate the issue:

Andrew Pike, Executive Partner Australia, Herbert Smith Freehills; Libby Lyons, Director, Workplace Gender Equality Agency; Michael Bradley, Managing Partner, Marque Lawyers; Riana Steyn, CEO, Bartier Perry

Proudly hosted by Herbert Smith Freehills

Members FREE / Guests & Non-Members $20pp (includes refreshments ) MORE INFO click here / BOOK TICKETS click here

Tonight: Financial planning strategies seminar

Wed Jun 12 2019
Coming up in CPD - Wednesday, 12 June 2019

Government changes to super and SMSF’s, ASX market update, insurance, estate planning and financial planning strategies

Presented by Charles Stewart, National Head of Financial Planning at Shaw and Partners. This seminar will cover an update of important changes in the financial markets, insurance sector, estate planning and general financial planning strategies. For full details please download a flyer [here]

This seminar commences at 5.15pm in the Bar Association Common Room

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

Linton Mearns Morris QC (1935 - 2019)

Wed Jun 12 2019
Vale

Mr Linton Mearns Morris QC formerly of Jack Shand Chambers, Blackstone Chambers and 7 Selborne Chambers, died last night, 11 June 2019.

Mr Morris came to the Bar in 1960 and took Silk in 1979.

Members will be advised of funeral arrangements as soon as they are known.

Law Council questions the appropriateness of comments by the Deputy Chair of ASIC

Tue Jun 11 2019
Media Release

The President of the Law Council of Australia, Arthur Moses SC has today issued a media release stating the "statements attributed in Wednesday’s Australian Financial Review to the Deputy Chair of ASIC regarding client legal privilege and the conduct of litigation are extremely concerning, particularly in the light of ASIC’s status as a model litigant".

A full copy of the media release is available here.

Deficient Security Laws threaten essential rights and freedoms

Tue Jun 11 2019
Media Release

The President of the NSW Bar Association, Tim Game SC has issued a media release stating that recent Australian Federal Police raids on journalists and media institutions have called into question whether the laws of this nation have struck the right balance between security and freedom of speech.

A full copy of the media release is available here.

Environmental Counsel to the Board of the Environment Protection Authority

Tue Jun 11 2019
Expressions of Interest

The NSW Environment Protection Authority (EPA) is seeking expressions of interest from senior and junior counsel for appointment as Environmental Counsel to the EPA Board.

The EPA is the primary environmental regulator for NSW. We partner with business, government and the community to reduce pollution and waste, protect human health, and prevent degradation of the environment.

Under the Protection of the Environment Administration Act 1991, Environmental Counsel are practising barristers approved by the Minister for Energy and Environment and engaged by the EPA. The functions of Environmental Counsel include:

  • advising the EPA Board in relation to proposed serious environment protection offences under legislation administered by the EPA, so that the Board can determine whether or not the EPA should prosecute those offences;
  • advising the EPA Board on matters as requested; and
  • appearing for the EPA in matters as instructed.

Expressions of interest close on 21 June 2019. For more information and to apply please click here.

Register Now: The Modern Slavery Act 2018 - What you need to know

Tue Jun 11 2019
8 am Tuesday, June 18 2019, Clayton Utz, Level 14, 1 Bligh Street Sydney

The Modern Slavery Act 2018 (Cth) (the Act) came into force on 1 January 2019, and the first reporting period under the legislation is the 2019 financial year. The Act requires over 3000 Australian companies and other entities to disclose how their operations and supply chain may contribute to modern slavery and explain the steps they are taking to address those risks. Entities in New South Wales are obliged to report under the Modern Slavery Act 2018 (NSW) if they have a turnover of $50 million.

Under the Act, senior management are accountable for preparing Modern Slavery Statements which are to be approved at Board level. The Reports need to address mandatory criteria, including: the entity’s structure, operations and supply chains; the action the entity has taken to assess and address those risks and how the entity assesses the effectiveness of those actions.

This panel session will examine the requirements of the Commonwealth and State legislation, their application and what needs to be done by entities and their legal advisers to ensure compliance. Moderator:

  • Cilla Robinson, Partner, Workplace Relations, Employment and Safety Group, Clayton Utz

Panel members:

  • Arthur Moses SC, President Law Council of Australia
  • Jon Downes, Head of Legal – Australasia and Deputy General Counsel - International, Willis Towers Watson
  • Mark Devadason, Director, The Mekong Club

This seminar has been organised by the NSW Bar Association’s Industrial Employment Health and Safety Committee and registration is open to members of the New South Wales Bar Association and the Association of Corporate Counsel Australia. Find out more HERE.

Registration required for catering purposes. To register please click HERE.

Blockchain and cryptocurrency for barristers

Tue Jun 11 2019
Continuing Professional Development

The next Commercial Law Section CPD seminar will be held on Wednesday 19 June 2019 at 5.15pm in the Bar Association Common Room.

The seminar presented by Emma Beechey, and chaired by the Hon Justice Guy Parker, will explain what you need to know about blockchain and its evidentiary value. For full details please click here.

Deficient security laws threaten essential rights and freedoms

Sat Jun 08 2019
Media release

Recent Australian Federal Police raids on journalists and media institutions have called into question whether the laws of this nation have struck the right balance between security and freedom of speech, the president of the New South Wales Bar Association, Tim Game SC, said today. View the media release here.

Forbes Flyer Winter 2019

Fri Jun 07 2019

Further to the 2019 Forbes Lecture given by Professor Twomey on Wednesday evening, the latest edition of Forbes Flyer is now available on the society’s website.

Skydiving barrister in (another) record-breaking jump

Fri Jun 07 2019
Wellbeing

Mark Higgins, barrister at 11 Garfield Barwick Chambers, has done it again. On 2 June 2019 he took part in a successful 130 person formation skydive in Perris Valley, California. The jump involved seven planes at 17,500 feet and broke the previous record set in 2015.

Mark told InBrief that can be seen in this picture,"at 4 o'clock on the right leg of a jumper in an orange jumpsuit".

It may be counter-intuitive, but jumping out of a well-functioning plane is thought to be the sort of activity that releases endorphins, lifts your mood and increases resilience to stress.

In conversation with our clients: Fresh perspectives on equitable briefing

Fri Jun 07 2019
Coming up in CPD - Thursday, June 13 2019

How do our clients know who is that safe pair of hands?

Panel: The Honourable Justice Gleeson (chair), Jane Needham SC, Kylie Gray (Westpac), Gwyn Jones (RMS).

The seminar will be followed by refreshments. All welcome. Learn more here.

Numbers are limited. Please email Ting Lim (tlim@nswbar.asn.au) to register your attendance.

This seminar has been organised by the Women Barristers Forum and the Diversity and Equality Committee

The Modern Slavery Act 2018 - What you need to know

Fri Jun 07 2019
8 am Tuesday, June 18 2019, Clayton Utz, Level 14, 1 Bligh Street Sydney

The Modern Slavery Act 2018 (Cth) (the Act) came into force on 1 January 2019, and the first reporting period under the legislation is the 2019 financial year. The Act requires over 3000 Australian companies and other entities to disclose how their operations and supply chain may contribute to modern slavery and explain the steps they are taking to address those risks. Entities in New South Wales are obliged to report under the Modern Slavery Act 2018 (NSW) if they have a turnover of $50 million.

Under the Act, senior management are accountable for preparing Modern Slavery Statements which are to be approved at Board level. The Reports need to address mandatory criteria, including: the entity’s structure, operations and supply chains; the action the entity has taken to assess and address those risks and how the entity assesses the effectiveness of those actions.

This panel session will examine the requirements of the Commonwealth and State legislation, their application and what needs to be done by entities and their legal advisers to ensure compliance. Moderator:

  • Cilla Robinson, Partner, Workplace Relations, Employment and Safety Group, Clayton Utz

Panel members:

  • Arthur Moses SC, President Law Council of Australia
  • Jon Downes, Head of Legal – Australasia and Deputy General Counsel - International, Willis Towers Watson
  • Mark Devadason, Director, The Mekong Club

This seminar has been organised by the NSW Bar Association’s Industrial Employment Health and Safety Committee and registration is open to members of the New South Wales Bar Association and the Association of Corporate Counsel Australia. Find out more HERE.

Registration required for catering purposes. To register please click HERE.

Important Practising Certificate Renewal information

Thu Jun 06 2019
Due Date - 7 June 2019

The standard renewal period for practising certificates expires on Friday, 7 June 2019 (Clause 4 of the Legal Profession Uniform Law Application Regulation 2015).

By Friday 7 June 2019, the Bar Association will need to have received:

  1. your completed practising certificate renewal form (to be completed online only - no hard copies will be provided);

  2. confirmation of payment of your renewal; and

  3. confirmation from your insurance provider that you have insurance. If you have not secured insurance by 7 June, do not delay lodging your completed renewal form and payment. Preliminary processing of your practising certificate can begin whilst you are waiting for confirmation of your insurance. However, your practising certificate cannot be issued until proof of professional indemnity insurance coverage has been received.

A late fee of $30 or 10% of the relevant practising certificate fee, whichever is the higher, applies where the practising certificate renewal form and/or fee is received after 7 June 2019 and before 1 July 2019.

Click here for more information.