InBrief

SEARCH ALL POSTS

Council of Law Reporting for NSW - 50th anniversary writing competition

Tue Jul 16 2019

Since its incorporation pursuant to the Council of Law Reporting Act (1969) the Council of Law Reporting for NSW has been publishing the authorised law reports of NSW.

To commemorate its 50th anniversary, the Council is holding a writing competition and invites you to answer the question: What do you think is the most memorable judgment that has been reported in the NSW Law Reports?

Competition terms

Entries:

  • must be 250 words maximum.
  • must be electronically formatted and emailed to office@nswlr.com.au with the subject “NSWLR 50 year competition” and must include your name and email address.
  • may be in any style, humorous or serious, but not offensive or defamatory.
  • must be received by Monday, 30 September 2019.

The winner will be announced by the Chief Justice and the winning entry read out at the Council’s anniversary function on Tuesday, 29 October 2019. The winning entry will, subject to editorial policy, be published in the Law Society Journal and the author acknowledged. The judging panel will be:

  • Elizabeth Espinosa, President of the Law Society of NSW and member of the Council of Law Reporting for NSW;
  • Dr Mark Brabazon SC, Chairperson, Council of Law Reporting for NSW;
  • Dr Elisabeth Peden, Editor, NSW Law Reports.

The decision of the judges will be final.

Civil Procedure Amendment (Fees) Regulation 2019 (NSW)

Tue Jul 16 2019

The NSW Government has published the Civil Procedure Amendment (Fees) Regulation 2019 (NSW) under the Civil Procedure Act 2005.

Explanatory note

The object of this Regulation is to increase certain fees payable in respect of civil proceedings and the functions exercised by the Sheriff. This Regulation is made under the Civil Procedure Act 2005, including section 18.

A full copy of the Regulation is available here.

Dust Diseases Tribunal Amendment (Fees) Regulation 2019 (NSW)

Tue Jul 16 2019

The NSW Government has published the Dust Diseases Tribunal Amendment (Fees) Regulation 2019 (NSW) under the Dust Diseases Tribunal Act 1989.

Explanatory note

The object of this Regulation is to increase fees payable in respect of proceedings before the Dust Diseases Tribunal. This Regulation is made under the Dust Diseases Tribunal Act 1989, including section 34.

A full copy of the Regulation is available here.

Future of Law and Innovation in the Profession (FLIP)

Tue Jul 16 2019
Inform. Engage. Inspire.

Following last year's success, the Future of Law and Innovation in the Profession (FLIP) Conference and Innovation Dinner returns in 2019 to host more than 50 Australian and international leaders in law, innovation and technology.

FLIP Conference and Innovation Dinner 2019 will be held on Thursday, 25 July 2019, from 8.00am to 10.00pm at the Hilton Sydney, 488 George Street Sydney.

The Bar Association is a proud supporter of the FLIP Conference and Innovation Dinner 2019 and two practising barristers, Talitha Fishburn and Philippe Doyle Gray will participate in The Great Debate on "The impending uberisation of the legal profession". Discounted tickets for the NSW Bar Association members priced at Law Society of NSW member rates, representing savings of over $800 per ticket.

To take advantage of this special offer, visit the Bar Association's website and log into your member dashboard using the sign-in on the top-right hand corner of the page. When your login is accepted, click on your name again to access your dashboard.

Criminal Procedure Amendment (Fees) Regulation 2019 (NSW)

Tue Jul 16 2019

The NSW Government has published the Criminal Procedure Amendment (Fees) Regulation 2019 (NSW) under the Criminal Procedure Act 1986.

Explanatory note

The object of this Regulation is to increase certain fees payable in relation to the following: (a) the conduct of criminal proceedings, (b) the provision of copies of transcripts of evidence, recorded statements and witnesses’ statements, (c) the retrieval of, and provision of access to, files or boxes of files from off-site storage facilities, (d) the functions exercised by the Sheriff in relation to criminal proceedings. This Regulation is made under the Criminal Procedure Act 1986, including sections 4 (the general regulation-making power), 4A and 114.

A full copy of the Regulation is available here.

Michael Kirby speaks on “Our first and only black Chief Justice meets racism in Australia”

Mon Jul 15 2019

The Federation Press in association with the Francis Forbes Society cordially invites you to a public address delivered by the Hon Michael Kirby AC CMG and Professor Stefan Petrow of the University of Tasmania on the life of Sir Francis Villeneuve Smith, the third Chief Justice of Tasmania, and the issues of colonial and postcolonial racism in Australia.

Francis Villeneuve Smith was an immigrant who became the fourth Premier of Tasmania, the third Chief Justice of the Colony and the first Australian Chief Justice to have been Premier. He was born in 1819 to an English father and a Caribbean mother. He was trained as a barrister in London and eventually made his home in Hobart Town where he enjoyed quick success in politics and at the Bar. Living in Hobart he was repeatedly insulted for his skin colour and parentage by the locals. Yet his ability won for him high office, although his mother was largely isolated by the socially conservative race-conscious community. He was eventually knighted but left Tasmania to return to England where he died.

A biography of this remarkable barrister, politician, judge and Chief Justice, largely forgotten until now, has been written by Dr John Bennett together with Dr Ronald Solomon in the series Lives of the Australian Chief Justices published by The Federation Press (The Francis Forbes Society helped fund the research that lead to the book). To reflect on his life and times, Professor Stefan Petrow (Professor of History, University of Tasmania) will describe Smith's life, successes and hardships. The Hon Michael Kirby will pick up the story, describe colonial and postcolonial racism in Australia and derive some lessons for today.

The address will take place on Thursday, 15 August 2019 at 5.15 for 5.30pm-6.30pm at the following address:

  • Bar Common Room
  • New South Wales Bar Association
  • Selborne Chambers
  • B/174 Phillip St
  • Sydney NSW 2000

Please RSVP to marketing@federationpress.com.au by Thursday, 8 August.

2019 Industrial Bar social function

Mon Jul 15 2019
Collegiality

Members are cordially invited to the 2019 Industrial Bar social drinks function.

The event has been organised by the Industrial Employment Health & Safety Committee which assists Bar Council on industrial employment health and safety matters and engages with barristers practising in these areas to ensure a sense of collegiality and best practice amongst members.

When: Thursday, 15 August 2019 Time: 6pm start Where: Hotel CBD - Club Bar (52 King St, Sydney)

Click here for more information and to RSVP.

Public Defender opportunity - Legal Aid Queensland

Mon Jul 15 2019

Do you want more from your career? Like the chance to do important and interesting work, excellent working conditions and a competitive salary and benefits package? Then we’d like to hear from you! Legal Aid Queensland is an independent statutory authority funded by the state and federal governments. We are one of Queensland’s largest law firms, providing legal services to more than 200,000 Queenslanders each year.

Legal Aid Queensland’s Counsel division is made up of our in-house barristers providing efficient, effective and high-quality specialist legal advocacy services. Our Counsel division:

  • carries out complex trials and sentences in the Supreme, District and Magistrates Courts
  • appears in Mental Health Court sittings
  • appears in the Supreme Court’s civil jurisdiction for respondents in applications brought under the Dangerous Prisoners (Sexual Offenders) Act
  • provides advice and representation in family and civil law matters.

Our Townsville and Brisbane-based barristers also appear in regional courts, including circuit courts in remote areas such as Mount Isa and the Gulf of Carpentaria.

Senior barristers provide advice on the merit of appeals, helping the appeals section assess legal aid applications. They also appear in appeals against sentences and/or convictions before the Queensland Court of Appeal, including matters where the Attorney-General has appealed against the sentence. The volume, complexity and diversity of Counsel's work provide opportunities for in-house counsel to develop their skills and experience, ensuring clients applying for legal aid have access to high quality representation and advice.

How to apply: All applications should be made online. For more details and an application package, visit https://smartjobs.qld.gov.au/jobs/QLD-LAQ32-19

Senior Counsel Applications for 2019 now open

Mon Jul 15 2019
To all members of the outer Bar

President Tim Game SC invites applications for Senior Counsel for 2019. The principles governing the selection and appointment of those to be designated as senior counsel by the president of the Bar Association are contained in the Senior Counsel Selection Protocol and the Guide to Practical Aspects.

Applications must be submitted online, no later than 5.00pm on Wednesday, 31 July 2019.

If you have any questions please contact Michelle Nisbet at the NSW Bar Association on 9232 4055.

Advocacy Skills Workshop

Mon Jul 15 2019
Coming up in CPD - 8 & 9 November

The NSW Bar Association is pleased to advise that it will be offering an Advocacy Skills workshop developed by the Australian Advocacy Institute specifically for those 3-5 years out who are looking for an opportunity to practice trial and contested hearing techniques and strategies with the assistance of a faculty of experienced instructors who offer constructive and practical suggestions to improve the advocacy of each individual participant.

Each workshop involves instruction, performance and review of the skills, disciplines and techniques involved in good advocacy. Participants will use specifically developed AAI materials to prepare set advocacy tasks from a case study, then examine and cross examine witness as well as present argument before the decision maker.

Places will be limited on the workshop so please register an expression of interest for the workshop now by providing your details [here]. In recognition of the importance of this training the workshop will be provided at a subsidised rate to all NSW Bar Association members. The cost for the workshop will be $475. The Workshop Fee includes a PDF copy of “The AAI Advocacy Manual” for each participant.

Vulnerable Witness Advocacy Program

Mon Jul 15 2019
Coming up in CPD - 12 October 2019

The NSW Bar Association is pleased to advise that it will be offering The Vulnerable Witness Advocacy Training Program developed by the Australian Advocacy Institute. The aim of the Program is to promote an awareness of important issues and assist barristers with particular advocacy techniques relating to vulnerable witnesses.

This is a very practical course which recognizes the great sensitivities involved in questioning witnesses who are vulnerable. It involves advocacy training from senior instructors in areas the subject of recommendations by the Australian Royal Commission into Institutional Responses to Child Sexual Abuse. In particular, appropriate questioning techniques, the role and use of witness intermediaries and the Memory Research published by the Commission, all in the context of the vulnerable witness.

Places will be limited on the workshop so please register an expression of interest for the workshop now by providing your details [here]. In recognition of the importance of this training the workshop will be provided at a subsidised rate to all NSW Bar Association members. The cost for the workshop will be $650. The Workshop Fee includes a PDF copy of “The AAI Advocacy Manual” for each participant.

Bench and Bar Lunch 02/2019

Mon Jul 15 2019
Collegiality

The next Bench and Bar Lunch is set down for Tuesday, 23 July 2019 from 12.45pm to 2.00pm at Sky Phoenix - Shop 6001/188 Pitt Street. All members of the Bench and Bar are welcome. At $35 per person, it's just quick and cheap! Reserve your place here.

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

Advocacy Skills Workshop

Fri Jul 12 2019
Coming up in CPD - 8 & 9 November

The NSW Bar Association is pleased to advise that it will be offering an Advocacy Skills workshop developed by the Australian Advocacy Institute specifically for those 3-5 years out who are looking for an opportunity to practice trial and contested hearing techniques and strategies with the assistance of a faculty of experienced instructors who offer constructive and practical suggestions to improve the advocacy of each individual participant.

Each workshop involves instruction, performance and review of the skills, disciplines and techniques involved in good advocacy. Participants will use specifically developed AAI materials to prepare set advocacy tasks from a case study, then examine and cross examine witness as well as present argument before the decision maker.

Places will be limited on the workshop so please register an expression of interest for the workshop now by providing your details [here]. In recognition of the importance of this training the workshop will be provided at a subsidised rate to all NSW Bar Association members. The cost for the workshop will be $475. The Workshop Fee includes a PDF copy of “The AAI Advocacy Manual” for each participant.

Vulnerable Witness Advocacy Program

Fri Jul 12 2019
Coming up in CPD - 12 October 2019

The NSW Bar Association is pleased to advise that it will be offering The Vulnerable Witness Advocacy Training Program developed by the Australian Advocacy Institute. The aim of the Program is to promote an awareness of important issues and assist barristers with particular advocacy techniques relating to vulnerable witnesses.

This is a very practical course which recognizes the great sensitivities involved in questioning witnesses who are vulnerable. It involves advocacy training from senior instructors in areas the subject of recommendations by the Australian Royal Commission into Institutional Responses to Child Sexual Abuse. In particular, appropriate questioning techniques, the role and use of witness intermediaries and the Memory Research published by the Commission, all in the context of the vulnerable witness.

Places will be limited on the workshop so please register an expression of interest for the workshop now by providing your details [here]. In recognition of the importance of this training the workshop will be provided at a subsidised rate to all NSW Bar Association members. The cost for the workshop will be $650. The Workshop Fee includes a PDF copy of “The AAI Advocacy Manual” for each participant.

Equitable briefing report due 30 September

Thu Jul 11 2019
Diversity

Annual reports of briefing entities who have adopted the Law Council’s Equitable Briefing Policy are due by 30 September 2019. The Equitable Briefing Policy Reporting Template and Guidelines provide information on the reporting requirements and the reporting template.

If you have adopted the policy as counsel, please use this link to provide your annual report for the 2018-19 financial year.

If you have any questions about your reporting obligations under the equitable briefing policy, or any other matter to do with the policy, you are welcome to contact Ms Ting Lim, Senior Policy Lawyer, at the Bar Association: tlim@nswbar.asn.au.

Bar FC clinches a draw against FactSet Athletico FC

Thu Jul 11 2019
Wellbeing

On a beautifully sunny winter’s afternoon in the Domain today Bar FC maintained its third position on the table in a close-fought match against number four on the table, FactSet Athletico FC.

With a mixture of some newer players plus seasoned regulars, Bar FC maintained a nil-all score until half time, despite some close shots at goal by Coutinho for Bar FC. The second half commenced with FactSet Athletico FC on the attack, scoring a surprise goal at the five minute mark from the edge of the field. Bar FC’s defence was strong with Munro, Boyle, Patch, Lui and Griscti co-ordinating well, and of course our goal keeper Harris working overtime. Tsang and Olsen up front, along with Coutinho played strongly and finally at the 17 minute mark, Coutinho put one into the back of the nets to level the score at one-all, which was the final score.

Today’s squad was as follows:

  • Stephen FREE (C)
  • Graham CONNOLLY
  • Joel COOK
  • Rico
  • Jeh COUTINHO
  • Timothy BOYLE,
  • Jon TSANG,
  • Nicholas OLSON,
  • Andy MUNRO,
  • John HARRIS (GK),
  • Ivan GRISCTI,
  • Thomas LIU,
  • David PATCH,
  • Geoff O’SHEA.

Bar FC's next game is against BT Financial FC on Thursday, 18 July 2019 at 1.15 pm on top of the Domain Car Park. Bar FC is keen to return to its winning way and progress up the table from their present third position. All supporters of Bar FC are welcome.

Part-time positions at NCAT

Wed Jul 10 2019
Position vacant

The attorney general is seeking applications from Australian lawyers of at least 7 years’ standing with experience or interest in the types of matters dealt with in the NCAT’s Administrative and Equal Opportunity Division, in particular the Division’s work relating to the Government Information (Public Access) Act 2009, privacy and the Revenue List together with reviews of other administrative decisions within the jurisdiction of NCAT, to be appointed as part-time senior members.

Applications close on Monday, 15 July 2019 (11.59 pm).

Learn more and apply online at iworkfornsw.gov.au.

The Online Court

Tue Jul 09 2019
Continuing Professional Development

On Wednesday, 7 August the Bar Association's Common Law Committee will host a CPD seminar: "The Online Court", to be presented by District Court Registrar James Howard. The seminar will examine and explain practical aspects of the Online Court, established by Practice Note DC (Civil) No.1B, and which applies to all matters in the General List in the District Court Sydney from 1 October 2018. Learn more here.

Protocol in respect of Aboriginal and Torres Strait Islander peoples

Tue Jul 09 2019
Law reform and public affairs

At its meeting on 17 June 2019 the Bar Council approved the Protocol in respect of Aboriginal and Torres Strait Islander Peoples. The protocol provides guidance on matters ranging from acknowledgement of country, general observations for barristers to consider when acting for an Aboriginal or Torres Strait Islander client and recommended resources. Learn more here.