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Post-Hayne: The State of Financial Sector Regulation in Australia

Tue Apr 09 2019
Law reform and public affairs

This evening, the NSW Society of Labor Lawyers is hosting a panel discussion on the state of financial sector regulation and enforcement in the wake of the Hayne Royal Commission, with expert panellists: Professor Dimity Kingsford Smith (Director of the Centre for Law, Markets and Regulation at UNSW) Dominique Hogan-Doran SC (5 Wentworth Chambers) and Miranda Nagy (Principal, Maurice Blackburn Lawyers).

When: Tonight at 6.00pm – 7.30pm Where: Carroll & O'Dea Lawyers, St James Centre, Level 18, 111 Elizabeth St, Sydney

This event is supported by Carroll & O'Dea Lawyers and is free to attend. For further details and to register, follow this link.

If this educational activity is relevant to your immediate or long-term needs in relation to your professional development and practice of the law, then you can claim one point per hour of formal presentation (1 Substantive Law CPD Point).

Practising Certificate Renewals for 2019-20

Tue Apr 09 2019
Standards

This year, renewals will need to be completed online via our new online, web-based system. During the month of April, barristers will receive an email that will include a hyperlink to the PC renewal system. Learn more here.

Mentoring Program 2019 - applications closing soon

Tue Apr 09 2019
Mentoring

Since 2014 the Bar Association has offered junior barristers in their second year at the bar an opportunity to receive guidance and support from leaders in the profession. For senior barristers, the program is an opportunity to develop effective leadership skills and encourage and support emerging talent at the New South Wales Bar. For more information about the benefits of the mentoring program please click here.

The program has been designed in conjunction with Art of Mentoring and the NSWBA Education Committee. If you wish to nominate yourself as a mentee or mentor please read and complete the online application form. Applications close Friday 12 April 2019.

If you would like to know more, or are unsure if this program is suitable for you, you are invited to contact Program Manager, Danita Needleman (mailto:danita@artofmentoring.net "") or NSW Bar Association's Professional Development Director, Bali Kaur for further information.

2019 Bench & Bar Dinner

Tue Apr 09 2019
Collegiality

The president and the Bar Council have the pleasure of inviting all members of the New South Wales Bar Association to the 2019 Bench & Bar Dinner. The dinner will take place on Friday, 17 May in the Grand Ballroom of the Hyatt Regency Sydney at 7.00 PM for 7.30 PM start. The guest of honour will be the Hon Justice Julie Ward, Chief Judge in the Equity division of the Supreme Court of NSW. Ms Senior is Ruth Higgins SC and Ms Junior is Julia Roy.

For further information and to register, click here.

Bail Application Advocacy in the Supreme Court of New South Wales

Tue Apr 09 2019
Thursday, 11 April 2019

Please join the Women Barristers Forum for the second CPD seminar in the WBF’s Advocacy Skills Series. The seminar titled 'Bail Application Advocacy in the Supreme Court of New South Wales' will provide observations from the Bench and Bar on successful bail application advocacy in the Supreme Court of New South Wales.

  • Panel: The Hon Justice Helen Wilson (Supreme Court of New South Wales) and Gabrielle Bashir SC (Forbes Chambers)
  • Chair: Brin Anniwell (7 Wentworth Selborne)
  • Time: 5:15pm (1 hour)
  • Location: NSW Bar Association Common Room

For further information, please click here.

Lost & Found

Tue Apr 09 2019
Found

A wig and Jabot has been handed in to the NSW Bar Association today. The wig has no name but is by Con Vanarvas.

It was found on the ramp at the Supreme Court this morning so likely it belongs to someone who had court today.

Latest research on the importance of sleep

Tue Apr 09 2019

Oh sleep! it is a gentle thing / Beloved from pole to pole! / To Mary Queen the praise be given! / She sent the gentle sleep from Heaven, / That slid into my soul.

The Rime of the Ancient Mariner, Part V.

In March 2017 members of the Bar Association completed the Quality of Working Life Survey. One of the salient findings was that local barristers report having significantly less sleep than their English counterparts. Poor sleeping patterns is often a proxy indicator for a range of wider and more significant health problems.

Now, the University of Sydney's Brain and Mind Centre is conducting research into "sleep-wake disturbance" and how it contributes to neurodegeneration, particularly dementia. This article, and the accompanying podcast, explains how sleep detoxifies the brain and gives tips on what to do (and what not to do) in order to get a better night's sleep.

BarCare: confidential consultation, counselling and care

Mon Apr 08 2019
Wellbeing

BarCare is an independent, professional counselling service, which helps members of the Bar Association to manage emotional and stress-related problems, such as marital breakdown, drug or alcohol dependency and practice pressures.

BarCare is available to all members of the Bar Association and their immediate families.

The first consultation is free of charge. The aim is to identify what, if any, follow-up services or treatments are required. BarCare has access to a wide network of professionals across NSW from different disciplines for referral purposes or to discuss aspects of treatment. These include both general and specialist medical practitioners, social workers, psychologists, stress management consultants and dependency counsellors.

If a member requires confidential assistance, he or she is encouraged to contact Jenny Houen, director, care and assistance, to arrange a consultation. Members in rural and regional areas can contact Barcare for assistance in locating an appropriate specialist closer to home. Alternatively, clerks and colleagues in chambers can make a confidential referral. Barristers and their families seeking assistance may contact one of the panel of specialists directly to make an appointment for a consultation.

To access more resources on stress, anxiety and depression, or to arrange a confidential consultation, visit barcare.org.au or contact Jenny Houen, BarCare's director, on 0427 317 958 or jhouen@barcare.org

Mentoring Program 2019 - Applications Open

Mon Apr 08 2019
Mentoring

Since 2014 the Bar Association has offered junior barristers in their second year at the bar an opportunity to receive guidance and support from leaders in the profession. For senior barristers, the program is an opportunity to develop effective leadership skills and encourage and support emerging talent at the New South Wales Bar. For more information about the benefits of the mentoring program please click here.

The program has been designed in conjunction with Art of Mentoring and the NSWBA Education Committee. If you wish to nominate yourself as a mentee or mentor please read and complete the online application form. Applications close Friday 12 April 2019.

If you would like to know more, or are unsure if this program is suitable for you, you are invited to contact Program Manager, Danita Needleman (mailto:danita@artofmentoring.net "") or NSW Bar Association's Professional Development Director, Bali Kaur for further information.

Bail Application Advocacy in the Supreme Court of New South Wales

Mon Apr 08 2019
Thursday, 11 April 2019

Please join the Women Barristers Forum for the second CPD seminar in the WBF’s Advocacy Skills Series. The seminar titled 'Bail Application Advocacy in the Supreme Court of New South Wales' will provide observations from the Bench and Bar on successful bail application advocacy in the Supreme Court of New South Wales.

  • Panel: The Hon Justice Helen Wilson (Supreme Court of New South Wales) and Gabrielle Bashir SC (Forbes Chambers)
  • Chair: Brin Anniwell (7 Wentworth Selborne)
  • Time: 5:15pm (1 hour)
  • Location: NSW Bar Association Common Room

For further information, please click here.

Mullenjaiwakka (1939-2019)

Mon Apr 08 2019
Vale

Mullenjaiwakka, the first Aboriginal man to practise at the New South Wales Bar and to represent Australia in test rugby, has died.

Also known by the name Lloyd Clive McDermott, he was born in November 1939 in Eidevold, Queensland. He was educated at Brisbane's Church of England Grammar School. As a student of law at Queensland University, his prowess on the rugby field soon became apparent and won him great respect. He debuted for the Wallabies against the All Blacks in May 1962. Mullenjaiwakka played one more test for Australia before he famously refused to join the 1963 tour of South Africa as a "token white". This principled stance against Apartheid influenced several of his white team mates, who refused to play against the Springboks during their subsequent tour of Australia.

Mullenjaiwakka's passion for rugby never really dimmed. He was patron of the Lloyd McDermott Rugby Development Team Inc. (later the Lloyd McDermott Foundation), which sought to give Aboriginal people a sense of belonging and identity through sporting achievements. The foundation enjoyed considerable support from the legal profession and success on the field. In 2001 it supported the first all-Aboriginal rugby union team to tour the new South Africa.

Mullenjaiwakka was called to the New South Wales Bar in June 1972. He appeared in a number of cases that were dear to his heart. He was junior counsel to the late Honourable Jeff Shaw QC, then attorney general of NSW, in the first determination of native title in NSW (Buck v Minister for Land and Water Conservation). He was, for many years, a trustee of the Bar Association's Indigenous Barristers Trust - The Mum Shirl Fund. In 2006 he was given the honour of opening the first National Indigenous Legal Conference, at which time he remarked on the contrast with when he was the only Aboriginal student at law school. He served as the chairperson of the NSW Aboriginal Justice Advisory Committee. In 2016 he was appointed to the Mental Health Review Tribunal having also served as an acting District Court judge and a part-time commissioner of the Land and Environment Court of NSW.

Bar Association President Tim Game SC said the legal profession will mourn his passing.

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

Statewide justice advocacy for people with cognitive impairment

Sun Apr 07 2019
Law reform and public affairs

One of the State’s most experienced advocacy organisations for people with an intellectual disability will operate a new $10 million service funded by the NSW Government to protect the rights of people with cognitive impairment who come into contact with the criminal justice system.

Attorney General Mark Speakman and Minister for Families, Communities and Disability Services Gareth Ward today announced the Intellectual Disability Rights Service will deliver the Justice Advocacy Service across NSW over the next two years.

A full copy of the media release is available here.

A Day of Practical Advocacy in Dubbo - 11 May 2019

Fri Apr 05 2019
Conferences

The Public Defenders will be holding a day of practical advocacy training in Dubbo on the 11th May 2019, from 8:30-4pm, in the Western Plains Cultural Centre Auditorium - 76 Wingerra Street, Dubbo.

To view the program and register click here.

Appointments to the Federal Court of Australia (FED)

Fri Apr 05 2019
Media Release

Attorney-General, Christian Porter has announced today Mr Stewart Anderson QC and Ms Wendy Abraham QC have been appointed as judges of the Federal Court of Australia.

The appointments of Mr Anderson and Ms Abraham will provide the Federal Court with additional resources to manage the expected increase in caseload as a result of intensified enforcement action by the Australian Securities and Investments Commission, and the proposed expansion of the Federal Court's criminal jurisdiction to include corporate crime.

A full copy of the media release is available here.

Additional Federal Court appointments welcome

Fri Apr 05 2019
Law reform and public affairs

The Law Council of Australia has welcomed the appointment of Mr Stewart Anderson QC and Ms Wendy Abraham QC as judges of the Federal Court of Australia.

President of the Law Council, Arthur Moses SC, said today’s appointments were timely and will provide the Federal Court with valuable expertise and resources.

“These appointments come at an important time following the Government’s announcement of its proposal to expand the Federal Court’s jurisdiction to include corporate crime. They will also assist the court to manage an anticipated increase in cases following enforcement action by the Australian Securities and Investments Commission,” Mr Moses said.

A full copy of the media release is available here.

LCA Call to Parties focussed on access to justice

Fri Apr 05 2019
Law reform and public affairs

The Law Council of Australia today released its 2019 Federal Election: Call to Parties, which highlights the key areas of legislative reform in need of improvement for the betterment of the Australian community, its democracy and the legal profession.

Central to the document is the principle that all Australians deserve access to justice, with a key focus on increased legal assistance funding, strengthened governmental and legal system integrity and the law and the disadvantaged.

A full copy of the media release and the call to the parties is available here.

Swearing in ceremony for Doug Humphreys

Fri Apr 05 2019
Appointments

A ceremonial sitting of the Federal Circuit Court will be held in Courtroom 9, Level 3 of the Garfield Barwick Commonwealth Law Courts, 1 - 3 George Street, Parramatta, at 4:30pm on Monday 8 April 2019, to welcome Mr Doug Humphreys as a Judge of the Federal Circuit Court of Australia.

Yaseen Shariff will speak on behalf of the New South Wales Bar and the Australian Bar Association. Barristers should wear robes but not wigs.

#Appointments

Disclosures barristers are required to make

Fri Apr 05 2019
Standards

Applications for the renewal of practising certificates for the practice year 2019-20 will be made available to barristers shortly through a new online web-based system. Barristers can expect to receive further information about their online renewal in the coming weeks. 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.

Livestream laws could have serious unintended consequences

Thu Apr 04 2019
Law reform and public affairs

Proposed amendments to criminal legislation to deal with the livestreaming of violent material on social media could have serious unintended consequences and should not be rushed through the parliament, the Law Council of Australia has warned.

The Criminal Code Amendment (Sharing of Abhorrent Violent Material) Bill was announced as a reaction to the horrific Christchurch terrorist attacks, which were streamed live across social media.

A full copy of the media release is available here.

Swearing in ceremony for Doug Humphreys

Thu Apr 04 2019
Appointments

A ceremonial sitting of the Federal Circuit Court will be held in Courtroom 9, Level 3 of the Garfield Barwick Commonwealth Law Courts, 1 - 3 George Street, Parramatta, at 4:30pm on Monday 8 April 2019, to welcome Mr Doug Humphreys as a Judge of the Federal Circuit Court of Australia.

Yaseen Shariff will speak on behalf of the New South Wales Bar and the Australian Bar Association. Barristers should wear robes but not wigs.

#Appointments

Rejection of ‘deeply flawed’ Family Court merger plan a win for families

Thu Apr 04 2019
Law reform and public affairs

Australian families are better off with a stand-alone, specialised Family Court, said the Law Council of Australia, who applauded the Senate’s rejection of a court merger.

Since legislation was first touted in May 2018, the Law Council has fought hard to ensure that a merger of the Family Court and Federal Circuit Court of Australia did not occur.

A full copy of the media release is available here.

Mentoring Program 2019 - Applications Open

Thu Apr 04 2019
Mentoring

Since 2014 the Bar Association has offered junior barristers in their second year at the bar an opportunity to receive guidance and support from leaders in the profession. For senior barristers, the program is an opportunity to develop effective leadership skills and encourage and support emerging talent at the New South Wales Bar. For more information about the benefits of the mentoring program please click here.

The program has been designed in conjunction with Art of Mentoring and the NSWBA Education Committee. If you wish to nominate yourself as a mentee or mentor please read and complete the online application form. Applications close Friday 12 April 2019.

If you would like to know more, or are unsure if this program is suitable for you, you are invited to contact Program Manager, Danita Needleman (mailto:danita@artofmentoring.net "") or NSW Bar Association's Professional Development Director, Bali Kaur for further information.

Bail Application Advocacy in the Supreme Court of New South Wales

Thu Apr 04 2019
Continuing Professional Development

Please join the Women Barristers Forum for the second CPD seminar in the WBF’s Advocacy Skills Series. The seminar titled 'Bail Application Advocacy in the Supreme Court of New South Wales' will provide observations from the Bench and Bar on successful bail application advocacy in the Supreme Court of New South Wales.

  • Panel: The Hon Justice Helen Wilson (Supreme Court of New South Wales) and Gabrielle Bashir SC (Forbes Chambers)
  • Chair: Brin Anniwell (7 Wentworth Selborne)
  • Time: 5:15pm (1 hour)
  • Location: NSW Bar Association Common Room

For further information, please click here.

Outsourced dictating services

Thu Apr 04 2019

Perth-based Dictate2Me is run by Leonie Nick. Leonie has some 30 years’ experience in legal word processing, encompassing all areas of legal practice including legal opinions, complex agreements, deeds, pleadings, minutes, resolutions, witness statements and general correspondence. This experience is across all practice areas including corporate and commercial, wills and estates, mining and resources, family law, building and construction and commercial litigation in the District Court, Supreme Court and Federal Courts.

Barristers can dictate and email their files in any format, eg. MP3 or DSS, and it will be returned to you efficiently and accurately completed. In addition Leonie also does formatting of documents that have been transcribed from Dragon or some other software.

Benefits include:

  • A highly confidential service - nationally;
  • A timely and precise service;
  • A one-day turnaround in most cases;

For more information, contact Leonie Nick via email: leejay@dictate2me.com.au or mobile: 0409 687 449.