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NSW Bar FC retains the silverware

Tue Sep 24 2019
Wellbeing

Bar FC travelled to Queensland on Saturday for the Annual Tri State Championship where it played representatives of the Victorian and Queensland Bar.

The day started with the annual Sports Law Conference held by the Queensland Bar Association at the Inns of Court in Brisbane. After picking up valuable CPD points, Bar FC headed to the grounds of the Toowong FC for the annual dust up.

A somewhat depleted Victorian side called on assistance from us to play the first match against Queensland. After supplying eight players, Queensland convincingly won the game 6-1. Player/manager Sir Alex (Stanton) however used this game to warm up the team and as an opportunity to see how strong the Queenslanders were likely to be at home.

The next game saw Bar FC take on a modified Victorian team, with Queensland this time supplying eight players. Sir Alex unleashed the first XI and by half time the game was all but over, with Bar FC going into the break 5-0. The dominance allowed some much needed rest for the team before what we thought would be a tough contest in game against Queensland. A much quieter second half resulted in a final score of 6-0 (with goals to Condylis (2), Coutinho (2), Canceri and Bedrossian).

The last game of the day saw again the first XI take on quite a physical Qld team. Again, the midfield work of Coutinho, Joel Cook, Canceri and Maghami saw strikers Bedrossian and Condylis supplied with a number of opportunities. A steady stream of goals was the result with Bar FC being victorious over our northern rivals 8-3 (Goals to Condylis (3), Cook (3), Bedrossian (2)). Such was the defensive work of De Meyrick, Philips, Griscti, Kate Stanton and Dametto that the score line flattered the Queenslanders. They had very little opportunity throughout the game with some late consolation goals being conceded to ensure they venture south next year.

A special thanks must go to two members of the touring party. First, Lo Surdo SC who officiated all three games with his usual neutrality. Keeper Harris however did question why NSW had three penalty kicks called against us when none were given against our competitors.

The second is to Kate Stanton, our sole female squad member who again resisted Harris’ instruction to “take him out” and played an excellent part in spoiling many attacking moves by the Queensland strikers (without a foul being called against her).

The competition is a fitting end to Bar FC’s football year and tops off our best year ever. Winners of both trophies and winners of the Domain Soccer League. Click here to see photos.

This years travelling party was as follows:

  • Geoff O’Shea
  • David Stanton (Player/Manager)
  • Kate Stanton
  • Hugh Morrison
  • Jeh Coutinho
  • Faraz Maghami
  • Rohan de Meyrick
  • Nicholas Olson
  • Thomas Liu
  • Nicholas Condylis
  • Simon Philips
  • Joel Cook
  • Patchildinho
  • John Harris
  • Ivan Griscti
  • Anthony Lo Surdo
  • Adrian Canceri
  • Vahan Bedrossian
  • Stephen Dametto

Conversation on Current Issues in the Practice of Employment and Industrial Law

Tue Sep 24 2019

The Federal Court of Australia invites practitioners to a Conversation on Current Issues in the Practice of Employment and Industrial Law Hosted by The Hon. Justice Mordy Bromberg.

Format: Three short presentations, presented by senior practitioners:

In Melbourne: • Codes of conduct vs individual freedoms - Josh Bornstein (Maurice Blackburn) and Eddy Gisonda (Victorian Bar); • Class actions in the employment and industrial jurisdiction – Geraldine Dann (Queensland Bar) and Kate Burke (Victorian Bar); and

In Adelaide: • Identifying the true relationship between “employers” and “employees” - Gillian Walker (South Australian Bar) and Simon Blewett (South Australian Bar). Date: Thursday 10 October 2019 Time: 5:30pm to 7.00pm (AEDT) Venues: Federal Court of Australia Federal Court of Australia Court 1 (Level 8), Court 1 Commonwealth Law Courts Building Roma Mitchell Commonwealth Law Courts Building 305 William Street, Melbourne 3 Angas Street, Adelaide

By Video-link at the Federal Court in the following locations: Sydney: Court 18A, Law Courts Building, 184 Phillip St, Queens Square Perth: Court 4, Peter Durack Commonwealth Law Courts Building, 1 Victoria Avenue Canberra: Court 1, Nigel Bowen Commonwealth Law Courts Building, Childers Street Brisbane: Court 2, Harry Gibbs Commonwealth Law Courts Building, 119 North Quay Darwin: Court 9, Supreme Court Building, State Square Tasmania: Court 1, Edward Braddon Commonwealth Law Courts Building, 39-41 Davey Street

For more information and to register click here.

IBA report: Legal Expenses Insurance and Access to Justice

Tue Sep 24 2019
Law reform and public affairs

The prohibitive cost of legal advice and representation affects access to justice in all jurisdictions, regardless of the level of economic development. The International Bar Association has published a report, Legal Expenses Insurance and Access to Justice, which examines the areas of law, services provided, limits of indemnity and excesses available in countries as varied as Germany, Japan, Australia, England and Wales and South Africa.

Great Wall walk for Black Dog institute

Tue Sep 24 2019

Elizabeth Picker from Edmund Barton Chambers will take on the Great Wall Trek in China from 30 September to 7 October to raise money for the Black Dog institute.

Elizabeth is inspired by the work of Black Dog Institute and wants to support this worthy cause by her participation in Black Dog Institute's Hike for Mental Health: China 2019. Please help Elizabeth to support the Black Dog Institute by donating whatever you can. Elizabeth and her team only need another $4,300 to reach their $200,000 target. Click here for more information and to donate.

The more people that know about Black Dog Institute, the greater their impact, so please also spread the word by sharing the page with your friends and family. Thank you in advance for your generosity, it means a lot to so many.

Vulnerable Witness Advocacy Program - Saturday 12 October 2019

Tue Sep 24 2019
Only 4 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.

Local Court swearing-in ceremony for Michael Love and Sally McLaughlin

Mon Sep 23 2019
Swearing-in

A ceremonial sitting of the Local Court of NSW will be held on Tuesday, 8 October 2019 at 9.00am in courtroom 5.2 of the Downing Centre for the swearing-in of Michael Love and Sally McLaughlin as magistrates. Lisa-Claire Hutchinson will speak on behalf of the New South Wales Bar. Wigs and gowns should not be worn.

Local Court swearing-in ceremony for Lisa Viney and Holly Kemp

Mon Sep 23 2019
Swearing-in

A ceremonial sitting of the Local Court of NSW will be held on 30 September 2019 at 9.00am in courtroom 5.2 of the Downing Centre to mark the swearing-in of Lisa Viney and Holly Kemp as magistrates. Bar Association Treasurer Anna Mitchelmore SC will speak on behalf of the New South Wales Bar. Wigs and gowns should not be worn.

Cognition and capacity

Mon Sep 23 2019
At the lectern

The Australian Dispute Resolution Association invites members to its seminar "Cognition and Capacity in the Legal Context", to be held on Friday, 27 September 2019 from 4.00pm to 6.00pm at the Law Society of NSW. Learn more here.

Bench and Bar Drinks - 15 October

Mon Sep 23 2019
Collegiality

Do you know your body from a bouquet? Why is a bad wine said to be "Green"? Answers to these and other questions might be found on Tuesday, 15 October 2019 from 5.00pm to 6.30pm in the Bar Common Room when the Wellbeing Committee will host a Bench and Bar Drinks function, where a selection of fine wines will be available for tasting.

All members are welcome. Based on the format of the popular Bench and Bar Lunches, this is an ideal opportunity for readers and new barristers to acquaint themselves with the collegiality at the New South Wales Bar and to chat informally with members of the judiciary. There’s no reason why you can’t bring a colleague from your Bar Practice Course or chambers. At $35 per person, it's just quick and cheap! Register now.

The Bench and Bar Wine Tasting Evening is an initiative of the Wellbeing Committee of the New South Wales Bar Association.

Reform search warrants relating to public interest journalism

Fri Sep 20 2019
Law reform and public affairs

Law Council of Australia President Arthur Moses SC has appeared before the Parliamentary Joint Committee on Intelligence and Security, with recommendations to protect public interest journalism, including the appointment of a public interest advocate or monitor. Learn more here.

LCA statement on family law inquiry

Fri Sep 20 2019
Law reform and public affairs

Law Council of Australia President Arthur Moses SC has welcomed the announcement of a joint parliamentary inquiry into the family law system, seeing it as the catalyst to drive 'the holistic change we all agree is so desperately needed'. View the media statement here.

The Hon Dr James Macken AM (1927-2019)

Fri Sep 20 2019
Vale

The Hon Dr James Macken AM died yesterday morning. "Jim" Macken was admitted as a barrister in July 1963. He was appointed as a judge of the Industrial Commission of NSW in 1975. After his retirement he wrote and lectured on industrial relations law. Members will be advised of funeral arrangements as soon as they are known.

Bar Knitting Group meeting

Thu Sep 19 2019
Wellbeing

The Bar (not only) Knitting Group's next meeting is on 24 September 2019 at 5.30pm in the Bar Library. Light refreshments will be provided. All are welcome. Participants should bring their latest project or just an enquiring mind. We can arrange to teach you to knit/crochet if you like.

Sophia Beckett appointed to the District Court Bench

Thu Sep 19 2019
Appointments

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.

Bar Council nominations and notice of AGM

Thu Sep 19 2019
Governance

Nomination forms for election of the 2020 Bar Council were posted on Friday, 13 September to all members of the Bar Association eligible to nominate or be nominated.

The AGM of the New South Wales Bar Association will be held on Thursday, 7 November 2019 at 5.00pm.

Learn more here.

Ashok Kumar (1957-2019)

Thu Sep 19 2019
Vale

Ashok Kumar, barrister at Chalfont Chambers, has died. Members will be advised of funeral arrangements as soon as they are known.

Bar Association guidance paper on barristers as police informants

Wed Sep 18 2019

In the wake of the Lawyer X scandal, the 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 Bar Association’s guidance paper on barristers as police informants can be found here. The paper has also been published on the Bar 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.

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.

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.

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.