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Amendment to the Uniform Civil Procedure Rules - Amendment to rule 1.9

Thu Apr 18 2019
Commences today

On 15 April 2019, the Uniform Rules Committee approved Amendment No 91 to the Uniform Civil Procedure Rules.

The amendment makes it clear that when an objection is made to the production of a document on the ground of privilege, access to the document must not be granted unless and until the objection is overruled, and that the production of a document to the court under a claim for privilege does not constitute a waiver of privilege.

The amendment was published on the NSW Legislation Website on 18 April 2019 and commences today.

A copy of the amendment is attached here.

Practice Note SC CL 11 (Supreme Court Common Law Division – Bail)

Thu Apr 18 2019
Commences on Monday, 3 June

The following applies to bail applications filed prior to 3 June:-

Applications filed by Private Practitioners and Legal Aid / ALS (where representation is confirmed)

  • Bail applications filed between now and 31 May will be listed in a call over on or before 3 June. No adjournments will be granted to a call over after 3 June.
  • Applications not ready by 3 June to be listed for hearing will be listed for case management on 31 July before a judge. Applications still not ready to proceed to a hearing will be dealt with by the judge as considered appropriate. It should not be assumed that further adjournments will be granted.
  • Applications withdrawn without a determination as to their merits can be re-filed when ready to proceed, without prejudice, in compliance with the new Practice Note.
  • At any time before 31 July, if an application which has not been withdrawn is ready to proceed to a hearing, notification may be sent to the Registrar by email, and the application will be listed for an earlier call over before the Registrar to be allocated a bail hearing date.

Applications filed by applicants in custody who want Legal Aid or ALS to represent them

  • Bail applications filed between now and 3 May will be listed in a call over on or before 3 June. No adjournments will be granted to a call over after 3 June. Applications not ready by 3 June to be listed for hearing will be listed for case management on 31 July before a judge.
  • Applications filed with the Court after 6 May will also be listed for case management on 31 July.
  • On 31 July, Legal Aid / ALS should be in a position to - confirm representation; or to indicate whether the applicant intends to represent themselves; or otherwise whether the applicant agrees to Legal Aid / ALS continuing to review their application.
  • If representation is confirmed (or refused and the applicant intends to represent themselves), and an application is ready to be listed for hearing, a hearing date will be fixed.
  • If representation (or refusal of representation) is not yet confirmed, and/or an application is otherwise not ready to be listed for hearing, the judge will deal with such application as considered appropriate. It should not be assumed that a further adjournment will be granted.
  • Applications withdrawn without a determination as to their merits can be re-filed when ready to proceed, without prejudice, in compliance with the new Practice Note.
  • At any time before 31 July, if an application which has not been withdrawn has had representation resolved and is ready to proceed to a hearing, notification may be sent to the Registrar by email, and the application will be fixed for an earlier call over before the Registrar to be allocated a bail hearing date.

Alcohol and Other Drug Rehabilitation Assessment Reports

As of Monday 15 April, adjournments for assessment reports will have a return date of 27 May. No further reports will be ordered by the Court after 15 April. The following has been relayed to the Court from the Director of State-wide Services at Corrective Services NSW (CSNSW):

  • Legal practitioners are able to contact rehabilitation providers directly without the need for a court ordered request.
  • This will open up the available rehabilitation services available to the inmates, as opposed to the limited number CSNSW has available to them.
  • Unrepresented inmates can be given rehabilitation providers details which can be placed on the offender telephone system (OTS), giving them access to make initial contact. If they are considered suitable for a telephone assessment with a rehabilitation provider, a Services and Programs Officer (SAPO) can facilitate that phone call.
  • Currently in a Correctional Centre, if an inmate is placed on a waitlist for a rehabilitation provider, that inmate is given the telephone number of the rehabilitation provider which is placed on his/her OTS. This allows for the inmate to make weekly contact with the rehabilitation provider. If, for any unforeseen reason, the inmate is unable to contact the rehabilitation provider on his/her OTS, a SAPO would facilitate that telephone contact. This process will not change when the inmates Legal Practitioner is arranging rehabilitation providers.

The full practice note is available here.

Practice Opportunities in International Commercial Arbitration

Thu Apr 18 2019
Save the date

The next Commercial Law Section CPD seminar will be held on Wednesday 1 May 2019 at 5.15pm in the Bar Association Common Room. Details are as follows:

  • Title: Practice Opportunities in International Commercial Arbitration
  • Speaker: Hon Roger Gyles AO, QC
  • Commentator: Tim Castle, Chair, ABA International Committee

International Commercial Arbitration is a topic of much interest for the commercial Bar. Last year, the Australian Bar Association (ABA) asked Mr Gyles to inquire into and report upon practice opportunities for Australian Barristers in the Asia-Pacific Region. Having consulted widely and considered submissions on this important topic, Mr Gyles, as a former President of the NSW and Australian Bars amongst other roles, is extremely well placed to share some insights in relation to this topic. Additional comments will be provided by Mr Castle, about the work being done by the ABA’s International Committee on this issue, in advance of the ABA’s Singapore Conference on 10-11 July.

Australian & New Zealand Bar Associations Joint Conference

Thu Apr 18 2019
Expressions of interest Closing Soon

Submit your EOI today to gain VIP access to pre-launch registration and accommodation.

Join us in New Zealand for the Australian Bar Association and the New Zealand Bar Association joint conference on 23 & 24 August 2019 at the beautiful Rydges Lakeland Resort Hotel Queenstown & Gala Dinner at Skyline Queenstown.

To register your interest here.

Swearing-in ceremony for Wendy Abraham QC

Thu Apr 18 2019
Reminder - Tuesday

Wendy Abraham QC has been appointed as a judge of the Federal Court of Australia, effective 7 May 2019. A ceremonial sitting will be held on Tuesday, 7 May 2019 at 9.30am in Court 1, Level 21, Queens Square, Sydney. Michael McHugh SC will speak on behalf of the Australian and New South Wales Bar Associations. Barristers should wear robes, but not wigs.

Fairfax & Roberts Mother’s Day pop up gift shop

Thu Apr 18 2019
Invitation

Need to buy a last minute gift for Mothers Day?

Fairfax & Roberts will be hosting a Mothers Day pop up gift shop exclusive to all Bar Association members and staff.

There will be a specially curated selection of jewellery ranging from $50 all beautifully packaged in a velvet pouch and gift box.

In addition 10% of all sales on the day will be donated to Minds Count Foundation.

Please join us on the 1st of May from 10am to 4pm in the Bar Common Room on Lower Ground Floor of 174 Phillip Street and enjoy a complimentary jewellery clean while you browse the collections. For more information click here.

All cards and cash accepted.

2019 Tutor Seminar

Thu Apr 18 2019
Continuing Professional Development

The tutor and reader relationship is an important and formative institution for successful practice at an independent bar. All members are invited to attend a seminar on Wednesday, 1 May 2019 at 12.45pm where Robert Hollo SC, Michael Fordham SC and Surya Palaniappan will present a review of the Reader/Tutor Guideline which provide information and assistance on several aspects of the relationship and which are intended to promote the objectives of the Reading Program.

The pre-requisites for being a potential tutor are set out in the Bar Association's Tutor Policy. When a member takes on the role of tutor it is a requirement that they attend a compulsory CPD seminar relating to the Tutor Handbook and Tutor & Reader Guidelines. Attendance at this session will satisfy the condition of eligibility for tutors as resolved by Bar Council in February 2016.

REGISTRATION IS REQUIRED - To register please click here.

All tutors who have satisfied this requirement will be included on the list of tutors on the Bar Association's website.

Convergence 2019: The world class conference for litigators

Thu Apr 18 2019
Singapore 11-12 July 2019

Early Bird Pricing Closes 8 May 2019: do not miss out!

REGISTER NOW

Register today to gain access to some of the best minds in law. Topics include:

  • Working with Corporate Counsel: tips for a win/win relationship
  • Third Party Funding: a whole new world? – proudly sponsored by Vannin Captial
  • Aspects of Advocacy in International Arbitration
  • Hot Topics in International Dispute Settlement
  • Cross Border Insolvency and Restructuring: new frontiers in Singapore and Australia
  • Embracing the Digital Age – proudly sponsored by Palo Alto Networks
  • Meet the Silks

View the online program

Considering a getaway with a partner or family? The ABA has developed an excellent 2-day accompanying person program as well as curated some child-friendly activities. Visit the links below to discover what is on offer.

Accompanying persons program

Family activities

Rooms at the Andaz are selling quickly. Register now to avoid disappointment!

More information on flights and accommodation

2019 Tutor Seminar

Wed Apr 17 2019
Continuing Professional Development

The tutor and reader relationship is an important and formative institution for successful practice at an independent bar. All members are invited to attend a seminar on Wednesday, 1 May 2019 at 12.45pm where Robert Hollo SC, Michael Fordham SC and Surya Palaniappan will present a review of the Reader/Tutor Guideline which provide information and assistance on several aspects of the relationship and which are intended to promote the objectives of the Reading Program.

The pre-requisites for being a potential tutor are set out in the Bar Association's Tutor Policy. When a member takes on the role of tutor it is a requirement that they attend a compulsory CPD seminar relating to the Tutor Handbook and Tutor & Reader Guidelines. Attendance at this session will satisfy the condition of eligibility for tutors as resolved by Bar Council in February 2016.

REGISTRATION IS REQUIRED - To register please click here.

All tutors who have satisfied this requirement will be included on the list of tutors on the Bar Association's website.

Australian & New Zealand Bar Associations Joint Conference

Wed Apr 17 2019
Expressions of interest Closing Soon

Submit your EOI today to gain VIP access to pre-launch registration and accommodation.

Join us in New Zealand for the Australian Bar Association and the New Zealand Bar Association joint conference on 23 & 24 August 2019 at the beautiful Rydges Lakeland Resort Hotel Queenstown & Gala Dinner at Skyline Queenstown.

To register your interest here.

Convergence 2019: The world class conference for litigators

Wed Apr 17 2019
Singapore 11-12 July 2019

Early Bird Pricing Closes 8 May 2019: do not miss out!

REGISTER NOW

Register today to gain access to some of the best minds in law. Topics include:

  • Working with Corporate Counsel: tips for a win/win relationship
  • Third Party Funding: a whole new world? – proudly sponsored by Vannin Captial
  • Aspects of Advocacy in International Arbitration
  • Hot Topics in International Dispute Settlement
  • Cross Border Insolvency and Restructuring: new frontiers in Singapore and Australia
  • Embracing the Digital Age – proudly sponsored by Palo Alto Networks
  • Meet the Silks

View the online program

Considering a getaway with a partner or family? The ABA has developed an excellent 2-day accompanying person program as well as curated some child-friendly activities. Visit the links below to discover what is on offer.

Accompanying persons program

Family activities

Rooms at the Andaz are selling quickly. Register now to avoid disappointment!

More information on flights and accommodation

BarADR Mediation Accreditation is now open

Wed Apr 17 2019
Opened today

The Bar Association, through the ADR Committee, invites members to apply for mediator accreditation under the National Mediation Accreditation System (NMAS).

Applications are now open and can be made online here. Guidance on how to use the online application system can be found here.

Members who hold a practising certificate, have at least five years’ experience as legal practitioners and who have met the NMAS training and experience standards are eligible to be accredited as mediators by the Bar Association. Familiarise yourself with NMAS’s Approval Standards and Practice Standards, which are available here to ensure that you meet the requirements for accreditation.

Applications are also sought from:

  • members of the Bar wishing to be accredited by the Bar Association and whose accreditations with other Recognised Mediation Accreditation Bodies (RMABs) are about to expire; and,

  • those who have been accredited by the Bar Association or another RMAB but whose accreditations have lapsed.

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 to become an accredited mediator and not apply to be considered for inclusion on the Supreme Court and District Court mediator lists – the online application form 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 21 May 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.

Fairfax & Roberts Mother’s Day pop up gift shop

Wed Apr 17 2019
Invitation

Need to buy a last minute gift for Mothers Day?

Fairfax & Roberts will be hosting a Mothers Day pop up gift shop exclusive to all Bar Association members and staff.

There will be a specially curated selection of jewellery ranging from $50 all beautifully packaged in a velvet pouch and gift box.

In addition 10% of all sales on the day will be donated to Minds Count Foundation.

Please join us on the 1st of May from 10am to 4pm in the Bar Common Room on Lower Ground Floor of 174 Phillip Street and enjoy a complimentary jewellery clean while you browse the collections. For more information click here.

All cards and cash accepted.

Reminder: Trust money account – Fees in advance – External Examination report due 7 June 2019

Wed Apr 17 2019

Any barrister who has, in the period 1 April 2018 to 31 March 2019, received fees in advance – that is, as described in the Legal Profession Uniform Law Application Regulation 2015 (the LPULAR), money on account of legal costs for legal services in advance of the provision by the barrister of the legal services – must appoint an External Examiner to carry out an examination of the clause 15 account for the period 1 April 2018 to 31 March 2019. Clause 15(2) of the LPULAR also requires that a copy of the External Examination report be provided to the Bar Council by no later than 7 June 2019. The External Examination report template for 2019 is available on the Bar Association’s website under the heading ‘Fees in Advance’ here.

Barristers who have previously notified the Bar Association of the opening of a trust money account have been sent letters containing instructions on how to appoint an external examiner.

If you have any questions about the External Examination requirement for 2019, please contact Angela Huang, Senior Lawyer, from the Professional Conduct Department on (02) 9232 4055 or by email at pcd@nswbar.asn.au.

Disclosures barristers are required to make

Wed Apr 17 2019

Applications for the renewal of practising certificates for the practice year 2019-20 are now available to barristers through a new online web-based system. Barristers will receive further information about their online renewal in the coming weeks. To minimise potential technical difficulties and/or delay in the processing of the renewal application, barristers are encouraged to complete and lodge their applications as early as possible.

The online renewal form (which is identical to the hard copy renewal form completed in previous years) contains questions relating to disclosures that barristers are required to make to the Bar Council.

For the assistance of members, an outline of the disclosures that barristers are required to make is available here. The outline has been prepared by Ed Muston SC as part of presentation of his CPD seminar on disclosures delivered at the Bar Association on 20 March 2018. It is recommended that barristers watch the online CPD for full details. The online presentation may be accessed by logging in to your CPD account.

Should you have any questions about what you are required to disclose, please contact the Professional Conduct Department on (02) 9232 4055 or by email at pcd@nswbar.asn.au.

BarADR Mediation Accreditation is now open

Tue Apr 16 2019
Opened today

The Bar Association, through the ADR Committee, invites members to apply for mediator accreditation under the National Mediation Accreditation System (NMAS).

Applications are now open and can be made online here. Guidance on how to use the online application system can be found here.

Members who hold a practising certificate, have at least five years’ experience as legal practitioners and who have met the NMAS training and experience standards are eligible to be accredited as mediators by the Bar Association. Familiarise yourself with NMAS’s Approval Standards and Practice Standards, which are available here to ensure that you meet the requirements for accreditation.

Applications are also sought from:

  • members of the Bar wishing to be accredited by the Bar Association and whose accreditations with other Recognised Mediation Accreditation Bodies (RMABs) are about to expire; and,

  • those who have been accredited by the Bar Association or another RMAB but whose accreditations have lapsed.

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 to become an accredited mediator and not apply to be considered for inclusion on the Supreme Court and District Court mediator lists – the online application form 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 21 May 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.

Workers Compensation Commission launches new-look website

Tue Apr 16 2019

The Workers Compensation Commission has launched their new website to better support workers, employers, insurers – and their lawyers. The new site is easier to navigate, whether you’re using a mobile phone or a laptop. Visit www.wcc.nsw.gov.au to explore their new site.

If you represent clients involved in a workers compensation dispute the website will enable you to locate forms, publications and legal resources and clients may find the information on dispute pathways, click here useful.

Fairfax & Roberts Mother’s Day pop up gift shop

Tue Apr 16 2019
Invitation

Need to buy a last minute gift for Mothers Day?

Fairfax & Roberts will be hosting a Mothers Day pop up gift shop exclusive to all Bar Association members and staff.

There will be a specially curated selection of jewellery ranging from $50 all beautifully packaged in a velvet pouch and gift box.

In addition 10% of all sales on the day will be donated to Minds Count Foundation.

Please join us on the 1st of May from 10am to 4pm in the Bar Common Room on Lower Ground Floor of 174 Phillip Street and enjoy a complimentary jewellery clean while you browse the collections. For more information click here.

All cards and cash accepted.

Convergence 2019: The world class conference for litigators

Tue Apr 16 2019
Singapore 11-12 July 2019

The ABA is going to Singapore for its biennial international conference. 2019 will focus on Commercial Law and International Arbitration.

Online registration has now launched and there has been a strong response from not only the Bar but also the wider legal profession.

We invite you and your colleagues to register today to secure your place at this world-class commercial law conference.

Attached you will find a copy of the latest printable program and speaker flyer is available here. Remember: Early Bird Pricing closes 8 May 2019.

Register Now & Request a Quote to Fly with Singapore Airlines⁠ Flying with Singapore Airlines Singapore Airlines is delighted to offer ABA delegates (and their families) from 9-20% off the best available fares* across economy to first class. See attached flyer with current estimated fares on Singapore Airlines after discount.
Secure your flight to Convergence today by requesting a quote during online registration or emailing Spencer Travel (e: mice@spencertravel.com.au) with your requirements. And remember: Singapore Airlines will honour this discount should you wish to fly on to further destination.

We do look forward to welcoming you to Singapore.

2019 Maurice Byers Annual Lecture

Tue Apr 16 2019
Save the Date

The 2019 Maurice Byers lecture will be given by the Hon Justice Walter Sofronoff, president of the Queensland Court of Appeal. The lecture titled “The Constitutional Significance of the Barrister in Australia” will be held on 29 August in the Common Room of the NSW Bar Association. All are welcome to attend.

New Crown Solicitor for New South Wales

Tue Apr 16 2019
Media Release

Attorney General Mark Speakman announced yesterday the appointment of Ms Karen Smith as NSW Crown Solicitor.

"Ms Smith commenced her appointment today and is the second woman to be named Crown Solicitor in NSW. She succeeds Ms Lea Armstrong who was appointed as a Supreme Court judge and President of the NSW Civil and Administrative Tribunal in October last year,” Mr Speakman said.

A full copy of the media release is available here.

Inclusion and diversity at the NSW Bar - Note No.1

Mon Apr 15 2019
Diversity

The Diversity & Equality Committee of the New South Wales Bar Association welcomes any questions members may have about diversity and inclusion initiatives. Each week the Committee will seek to address queries or bring you updates on its latest activities through a note in InBrief.

The Diversity & Equality Committee meets once a month and is working on initiatives under the following themes:

  • Ageing at the NSW Bar;
  • Challenges for readers and inclusion;
  • Flexible working arrangements and family responsibilities;
  • Sexual harassment;
  • Unconscious bias;
  • Cultural diversity;
  • Diversity & inclusion from a clerks perspective;
  • Best practice Guidelines;
  • Equitable briefing;
  • Diversity advocates and role models we can see; and
  • LGBTI inclusion.

You may send your questions into the Chair of the Diversity & Equality Committee, Ms Kate Eastman SC or the Association’s Senior Policy Lawyer, Ms Ting Lim.

In the meantime, please keep your eye out for the next edition of Bar News, a special diversity edition.

Just Art visual arts competition – entries open

Mon Apr 15 2019
Philanthropy

The Law Society of New South Wales invites legal practitioners to swap their brief for a blank canvas by creating an artwork on the theme of ‘justice’. Enter online before 30 June. Have an eye for art but not the artistic touch? Support your colleagues by attending the Just Art Exhibition at the Law Society from 20-23 August. Finalist artworks will be on sale to raise money for the 2019 Law Society President’s charity, Our Watch.

STEP NSW Seminar

Mon Apr 15 2019

You are invited to an address by Noel Davis, LLB AAII, Barrister, who will be presenting on "Appeals to the Superannuation Tribunals against trustees' decisions". Now a barrister, Noel Davis has been honourably recognised with experience at the very top in superannuation, financial services, taxation and life insurance. He has been at the very forefront of everything super since its modern existence in Australia. Relevant for this address Noel Davis was a Part-time member, from 2005 to 2018, of the Superannuation Complaints Tribunal, deciding superannuation and life insurance related disputes. For more information or to book your ticket to our April event, click here.

STEP NSW Seminar 2019 in the Banco Court 17 April from 5:30pm-7pm.

NSW Bar Half Marathon team raising funds for the Black Dog Institute

Mon Apr 15 2019
Philanthropy

The New South Wales Bar has entered a strong team of seven runners in the Sydney Morning Herald Half Marathon on Sunday, 19 May 2019 to raise money for the Black Dog Institute. Thus far, Robert Glasson has broken free of the peloton, with more than $2600.00 raised. Please donate generously by visiting the NSW Bar Everyday Hero fundraising page. Note: Click 'Show all 7 members' to sponsor Emma Bathurst and Mark Robert.

The NSW Bar Half Marathon Team is an initiative of the Bar Association's Wellbeing Committee.