InBrief

SEARCH ALL POSTS

Association Guidance Paper on Barristers as Police informants

Wed Sep 18 2019

In the wake of the Lawyer X scandal, the NSW Bar Association sees a pressing need to issue guidance to members on the legal and ethical issues raised by the seemingly unprecedented deployment by Victorian police of a barrister as an informant against her own clients.

The Association’s guidance paper on barristers as police informants can be found here. The paper has also been published on the Association's website here.

Members are encouraged to read the guidance paper and to contact Mr Richard Easton on (02) 9232 4543 or at reaston@nswbar.asn.au if they have any questions about, or comments on, its contents.

Building Bridges: Resolving Disputes through International Arbitration

Wed Sep 18 2019
Conferences

The Australian Centre of International Commercial Arbitration (ACICA) and the Chartered Institute of Arbitrators Australia (CIArb Australia) are pleased to invite you to their 2019 International Arbitration Conference: Building Bridges: Resolving Disputes through International Arbitration.

As international arbitration remains the preferred means for commercial and state entities to resolve disputes in the global economy, building bridges, and not walls, is key to maintaining good relationships to ensure growth, competitiveness and new opportunities. Hosted at this one-day conference is Australia's premier international arbitration event and will launch the 2019 Australian Arbitration Week.

Supported by global institutes, government, industry associations, sponsors and media partners, it will bring together eminent speakers including The Hon Justice Patrick Keane AC, High Court of Australia, who will deliver the keynote address, and expert practitioners from five continents and 15 jurisdictions who will impart their knowledge and experiences in examining emerging trends in various key sectors. A Cocktail Networking Reception will follow proceedings featuring guest speaker, The Hon Yvette D'Ath, Attorney General and Minister for Justice, Queensland Government.

The Australian Bar Association is pleased to be a supporting organisation of this important conference. To take advantage of your discounted registration rate, enter "Australian Bar Association" as your member organisation in the registration page.

Deputy Senior Public Defender Sophia Beckett appointed to the District Court Bench

Wed Sep 18 2019

The Attorney General, the Hon Mark Speakman SC has today announced Deputy Senior Public Defender Sophia Beckett has been appointed to the bench of the District Court of NSW.

Ms Beckett will be sworn into her new position at a ceremonial sitting on Level 21, John Maddison Tower at 9am on Monday 30 September. The Hon Mark Speakman SC MP will speak on behalf of the NSW Bar Association. Robes and wigs are to be worn and in the case of silk, full bottomed wigs are worn.

A full copy of the media release is available here.

Independent National Security Legislation Monitor - Latest report

Wed Sep 18 2019

The latest report of the Independent National Security Legislation Monitor, Dr James Renwick CSC SC, concerning the operation, effectiveness and implications of the terrorism-related citizenship loss provisions in the Australian Citizenship Act 2007 has now been tabled in Parliament.

He concluded that certain ‘operation of law’ provisions in the Act do not pass muster under the INSLM Act and should, with some urgency, be repealed with retrospective effect, but be simultaneously replaced by a Ministerial decision-making model (and thus with constitutionally entrenched judicial review), coupled with merits review as to the conduct (s 33AA), fighting or service (s 35) by the Security Appeals Division of the Administrative Appeals Tribunal, and using the special advocate model which now exists for control orders.

A full copy is available here.

BarADR Mediation Reaccreditation and Accreditation

Wed Sep 18 2019
Now open

The Bar Association, through the ADR Committee, invites members to renew their mediator accreditations under the National Mediation Accreditation System (NMAS).

Applications are also sought from members of the Bar wishing to be accredited for the first time by the Bar Association or NSW barristers whose accreditations have now lapsed. To be eligible to be accredited, applicants must hold a practising certificate, have at least five years’ experience as legal practitioners and have met the NMAS training and experience standards.

Applications to be reaccredited can be made online. Guidance on how to use the online application system can be found here. Please familiarise yourself with NMAS’s Approval Standards and Practice Standards, which are available here, to ensure that you meet the requirements for accreditation or re-accreditation.

The Bar Association is further inviting prospective and existing accredited mediators to apply for their names to be considered for inclusion on the Supreme Court and/or District Court mediator lists. You may apply for accreditation or reaccreditation and not apply to be considered for inclusion on the Supreme Court and District Court mediator lists – the online application form (here) provides you with this option. Please note, however, that you must be accredited by the Bar Association should you wish your name to appear on either Court’s list.

The closing date to submit your online form and to upload all relevant evidence in support of your application is 5pm on 23 September 2019.

Please contact Reception on (02) 9232 4055 or email us at BarADR@nswbar.asn.au if you have any questions about the accreditation process or the Courts’ mediator lists.

Bar Book Club

Wed Sep 18 2019

The next meeting will be held on Tuesday 1 October 2019 at 5.30 pm in the Bar Library. The book is : The Everlasting Sunday by Robert Lukins (UQP) reviewed here.

All welcome (that includes new readers). Light refreshments will be served.

Room for Sale or Licence - Sixth Floor Windeyer Chambers

Wed Sep 18 2019

Must sell. All offers considered. Commitments elsewhere following a statutory appointment. An internal room is available for sale or licence at Sixth Floor Windeyer Chambers. Floor fees are $2,653.00 per month (including GST and CCL maintenance levy). The floor recently underwent renovations. The Chambers continues to have the benefit of long-standing members. Practice areas include Commercial, Equity, Native Title, Criminal Law and Land & Environment.

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

Bell Lawyers Ltd v Janet Pentelow & Anor

Wed Sep 18 2019

As members are aware, a costs order in favour of a litigant in person does not confer entitlement to compensation or remuneration for the litigant’s own work. An exception to that general rule previously allowed a self-represented solicitor to recover such compensation. This was the “Chorley exception”, established in London Scottish Benefit Society v Chorley (1884) 13 QBD 872.

On 4 September this year in Bell Lawyers Ltd v Pentelow [2019] HCA 29, the High Court held that the general rule applies to a self-represented lawyer and that the Chorley exception is not part of the common law of Australia. It follows that a barrister or solicitor as litigant who obtains a favourable costs order cannot recover compensation or remuneration for his or her own work as costs payable under the order. Members may read the High Court decision here.

Reflections of the Wootton Decision

Tue Sep 17 2019

Join us on Thursday 31 October for a seminar that considers the impact of Wotton v State of Queensland (No 5) [2016] FCA 1457, a successful class action on behalf of Aboriginal residents of Palm Island.

This seminar is a joint initiative of the NSW Judicial Commission Ngara Yura Committee, the NSW Bar Association First Nations Committee and the Law Society of NSW Indigenous Issues Committee.

For more information and to register please click here.

Joint Parliamentary Inquiry into Family Law and Child Support

Tue Sep 17 2019

The Prime Minister, the Hon Scott Morrison MP has today announced that the Government will undertake a Joint Parliamentary Committee of both the House or Representatives and the Senate to conduct a wide-ranging inquiry into the family law system.

A full copy of the media release is available here.

Australian National University Public Law Weekend.

Tue Sep 17 2019

The ANU Centre for International and Public Law will be hosting its annual Public Law Weekend on 1 November 2019.

Bringing together legal academics, government legal advisers and practitioners, the theme this year is ‘Technology, Public Law and Public Administration’.

Click here for more information and to register.

Supreme Court of NSW ADR Address 2019

Tue Sep 17 2019

The Australian Disputes Centre will be hosting their 2nd Annual Supreme Court of New South Wales ADR Address, presented by Her Excellency The Honourable Margaret Beazley AO QC.

The Address will be held in the Banco Court on 3 October 2019, at 5.30pm with networking reception to follow. Registration is essential. Click here for more information and to register.

Janet Coombs Lunch for New Female Barristers

Tue Sep 17 2019

Members are invited to join the WBF and distinguished guests for their biannual lunch and meet the new women at the bar. This is a great networking event and all are welcome to attend.

Hosted by the Women Barristers Forum & WLANSW at 1.00pm Friday 20 September 2019 at The Law Society of NSW, Level 2, 170 Phillip Street, Sydney

For more information and to register, click here.

BarADR Mediation Reaccreditation and Accreditation

Tue Sep 17 2019
Now open

The Bar Association, through the ADR Committee, invites members to renew their mediator accreditations under the National Mediation Accreditation System (NMAS).

Applications are also sought from members of the Bar wishing to be accredited for the first time by the Bar Association or NSW barristers whose accreditations have now lapsed. To be eligible to be accredited, applicants must hold a practising certificate, have at least five years’ experience as legal practitioners and have met the NMAS training and experience standards.

Applications to be reaccredited can be made online. Guidance on how to use the online application system can be found here. Please familiarise yourself with NMAS’s Approval Standards and Practice Standards, which are available here, to ensure that you meet the requirements for accreditation or re-accreditation.

The Bar Association is further inviting prospective and existing accredited mediators to apply for their names to be considered for inclusion on the Supreme Court and/or District Court mediator lists. You may apply for accreditation or reaccreditation and not apply to be considered for inclusion on the Supreme Court and District Court mediator lists – the online application form (here) provides you with this option. Please note, however, that you must be accredited by the Bar Association should you wish your name to appear on either Court’s list.

The closing date to submit your online form and to upload all relevant evidence in support of your application is 5pm on 23 September 2019.

Please contact Reception on (02) 9232 4055 or email us at BarADR@nswbar.asn.au if you have any questions about the accreditation process or the Courts’ mediator lists.

Common Law Practice Update 108

Tue Sep 17 2019

The Bar Association has published Common Law Practice Update 108, with case notes on sections 5B, 5F and 5R Civil Liability Act 2002 (NSW), ss 58, 60, 94 and 126 Motor Accidents Compensation Act 1999 (NSW); sexual abuse/economic loss, nervous shock/duty of care and more.

Download CLPU 108 here.

Vulnerable Witness Advocacy Program - Saturday 12 October 2019

Tue Sep 17 2019
Only 6 spaces remaining - register now to avoid disappointment.

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.

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

**Places are extremely limited.

Vulnerable Witness Advocacy Program - Saturday 12 October 2019

Mon Sep 16 2019
Only 6 spaces remaining - register now to avoid disappointment.

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.

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

**Places are extremely limited.

Pre-injury average weekly earnings

Mon Sep 16 2019

Further to last week’s In Brief notice regarding the Workers Compensation Amendment (Pre-injury Average Weekly Earnings) Regulation 2019 (NSW) the State Insurance Regulatory Authority has now published an online guide to the new system of calculation of pre-injury average weekly earnings to apply to workers injured on and after 21 October 2019. View the online guide here.

Native Title Mediator List – Expression of Interest

Mon Sep 16 2019

The Federal Court of Australia is reviewing and updating its list of suitably qualified and experienced mediators to assist the court in the management of its native title work. The call for expressions of interest closes 1 November 2019 and it is hoped that the list can be updated during December 2019. Learn more here.

Advocacy Skills workshop

Mon Sep 16 2019
Registration are open – 8 & 9 November

The NSW Bar Association is pleased to advise members registrations are now open for the 2019 Advocacy Skills workshop. The workshop specifically designed for the junior bar provides participating barristers with the opportunity to practice their advocacy skills under the supportive guidance of expert instructors, including judges and experienced advocates.

The practical and constructive workshop will be hosted over two days, Friday 8th and Saturday 9 November.

For further information about the workshop, fees and registration please click HERE.

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

2020 Regional Conference Series

Mon Sep 16 2019
Call for papers

The Bar Association's Professional Development Department invites members to submit suggestions and/or abstracts for papers to be included in the Association's 2020 Regional CPD Conference series. The conferences will be held on Saturdays in Ballina, Newcastle, Orange, Parramatta and Sydney during February and March.

The dates for 2020 Conferences are:

  • Newcastle, Saturday 22 February 2020, Novotel Newcastle Beach
  • North Coast (Ballina), Saturday 29 February 2020, Ramada Hotel
  • Orange, Saturday 7 March 2020, Orange Ex-Servicemen’s
  • Sydney, Saturday 21 March 2020, Hilton Hotel Sydney
  • Parramatta, Saturday 28 March 2020, Park Royal Parramatta

Interested barristers, solicitors, academics, legal and non-legal professionals are invited to submit suggestions for papers online, HERE. During the submission process, you will be asked to provide your contact details, conference preference, a working title and, where possible, a short description or abstract of your suggestion presentation. All submissions must come under at least one of the four categories of CPD.

Suggestions and abstracts are requested by Monday 30 September 2019.

For any enquiries, please contact Tiffany McDonald at cpd@nswbar.asn.au.

Reflections of the Wootton Decision

Mon Sep 16 2019

Join us on Thursday 31 October for a seminar that considers the impact of Re Wotton v State of Queensland (No 5) [2016] FCA 1457, a successful class action on behalf of Aboriginal residents of Palm Island.

This seminar is a joint initiative of the NSW Judicial Commission Ngara Yura Committee, The NSW Bar Association Indigenous Barristers’ Strategy Working Party and the Law Society of NSW Indigenous Issues Committee.

For more information and to register please click here.

Workers Compensation Amendment (Pre-injury Average Weekly Earnings) Regulation 2019 (NSW)

Fri Sep 13 2019

Her Excellency the Governor, with the advice of the Executive Council, has today made the above Regulation under the Workers Compensation Act 1987.

The object of this Regulation is to make provision for various matters in connection with the calculation of a worker's pre-injury average weekly earnings for the purposes of determining the worker's entitlement to weekly payments of compensation.

View the regulation.

Swearing-in ceremony for Richard Cavanagh SC - Monday 16 September 2019

Fri Sep 13 2019

Mr Richard Cavanagh SC will be sworn in as a judge of the Supreme Court of New South Wales on Monday, 16 September. A formal ceremony to mark this occasion will be held on that day in Banco Court, on Level 13, at 9:15 am. The Attorney General the Hon Mark Speakman SC MP will speak on behalf of the New South Wales Bar. Barristers should wear wigs and gowns. Senior counsel should wear full-bottomed wigs.