InBrief

SEARCH ALL POSTS

Briefs

Wed Aug 31 2016

Members are reminded that briefs should not be left at court but returned to solicitors or destroyed, as appropriate. InBrief has received reports of briefs left in court rooms, robing rooms and elsewhere.

Proposed Escrow Payment Service for barristers

Wed Aug 31 2016
Last day for expressions of interest to join a focus & design group

The NSW Bar Association, through Senior Vice-President Arthur Moses SC and the former treasurer, Justin Hogan-Doran, is working on a project with the National Australia Bank with the aim of providing members with an on-line escrow payment service, if they choose to use it.

Similar to a service already being provided by the English Bar to its members, the service would not be a trust account, but would allow members to arrange for client funds to be held on escrow with the bank as security for fees for appearance work, advice work and ADR etc. It is proposed that payment would be made against invoices and the funds held until paid, returned at the conclusion of the matter or until court order after any dispute about fees. The service would be fully on-line, with the funds held by the bank as stakeholder.

The service would be of use to members especially for matters where the solicitors do not operate trust accounts, or the solicitor or barrister wishes the funds to be held separately, and for direct access work, international work and ADR.

We invite interested members and clerks from across the bar’s practice areas to join a focus group to give feed-back on and aid in the design of the service, to help make it as useful as possible to all members. The group would work with Arthur Moses SC, Justin Hogan-Doran and a team from the National Australia Bank over the coming months. We invite all interested members and clerks to send an email to rwikramanayake@nswbar.asn.au by close of business today, 31 August 2016.

On Thursday, 29 September 2016, a general presentation about the proposed Escrow Payment Service will be held for members in the Bar Common Room. Clerks of Chambers are also invited to attend.

Chair: Arthur Moses SC

Presenters: Justin Hogan-Doran (7 Wentworth Selborne), Theo Gavrilos (head of Corporate Services, NAB) and Mr Murray Lord (senior legal counsel, NAB)

LPAB to launch online admissions

Wed Aug 31 2016

The Legal Profession Admission Board will launch an online portal in early October, with the first day for online applications being 18 November 2016. Learn more here.

Tonight: WBF meeting

Wed Aug 31 2016

The Women Barristers Forum meeting will be held tonight, 31 August 2016, at 4.45pm in Bar Association Conference Room 3.

Local launch of the Hellenic Australian Lawyers Association Inc

Wed Aug 31 2016

Members of the New South Wales Bar Association are cordially invited to the NSW launch of the Hellenic Australian Lawyers Association Inc which will take place in the Banco Court of the Supreme Court of NSW on Friday, 11 November 2016 at 5.15pm.

The chief justice of NSW will launch the function and there will be present a number of distinguished guests including the national patron of HAL, the chief justice of South Australia, Kourakis CJ; Kyrou JA from the Supreme Court of Victoria, and from the Supreme Court of Queensland, Phillipedis JA.

In atendance will also be the NSW patron of HAL Justice Perry of the Federal Court.

ABA-Victorian Bar 2016 National Conference, 27-28 October 2016

Wed Aug 31 2016

The Australian Bar Association and the Victorian Bar have joined forces to deliver a two day conference which brings together the best of the legal profession in this country. The early bird registration period has been extended to 9 September. Learn more here.

Large chambers for licence at $3,000 pm (or best offer)

Wed Aug 31 2016

This room is the largest on Blackstone Chambers and is situated on level 62 MLC Centre, and has sweeping views of the Harbour and the Bridge. The room, which is advertised on NSW Bar Classifieds, is 40 sqm and has wooden floors and shelving. It is arguably one of the more impressive chambers in Sydney.

The room will be licensed with the existing furniture and library (CLRs and NSWLRs). The room is available for immediate occupation. The room costs $6,000 per month but is offered for licence at only $3,000 pm. Given that the current lease at Blackstone expires in December 2017, the room is available on the basis of a month-to-month licence until then.

To view the room or for further information, contact the clerk, Kristen, on 9220 9800 or communicate directly with the seller, on a confidential basis, by email on level62mlc@gmail.com.

For the diary: HRC launch of Leading for Change

Tue Aug 30 2016

The Human Rights Commission invites members to the launch of Leading for Change: A Blueprint for Cultural Diversity and Inclusive Leadership. It will be held on Tuesday, 20 September 2015 at 9.45am for 10.00am start - 11.00am. The venue is the offices of G+T Lawyers, L35, Tower Two, International Towers, 200 Barangaroo. Among the speakers will be Dai Le, CEO and founder of DAWN. RSVP by Thursday, 15 September 2016 to katherine.samiec@humanrights.gov.au

High Court sittings in 2017

Tue Aug 30 2016

The High Court rule appointing the places and days of sittings for 2017 is now available from the Federal Register of Legislation. Download a copy of the High Court (2017 Sittings) Rules 2016 here.

Mediator Chat in September

Tue Aug 30 2016

The Bar Association's ADR committee invites members to a "mediator chat" and twilight drinks on Tuesday, 20 September 2016 from 5.30pm at Silks Coffee Lounge, 70 Phillip Street.

"Mediator chat" is an opportunity for mediators at the New South Wales Bar to get together in an informal social environment, with the bonus that at each function a topic relevant to mediators will be discussed in a lighthearted way.

The proposed topic for our September light hearted “chat” to commence at 6.00pm, with discussion to follow, is "Computers can Win at Chess: Can Mediators Outsmart Robots?"

Professor Laurence Boulle a well-known academic, mediator and consultant to government on conflict management and dispute systems design will lead the "chat".

The cost is $30 per head payable in cash at the door, and will include 2 drinks (wine/beer/soft drink or mineral water) and assorted canapés.

For catering purposes, please RSVP in advance if you can make it by 16 September 2016 to Julie Soars on 8224 3017 or soars@sevenwentworth.com.au or Deborah Robinson on 8224 3008 or robinson@sevenwentworth.com.au

Attendees are entitled to claim one point towards continuing professional education for the purposes of mediator accreditation/re-accreditation.

High Court applications for suppression and non-publication orders

Tue Aug 30 2016

The High Court Amendment (Confidential Documents) Rules 2016 were entered on the Federal Register of Legislative Instruments on 29 August 2016. The amendment complements Practice Direction No.1 of 2016 issued on 7 July 2016 relating to applications for suppression orders and non-publication orders under Part XAA of the Judiciary Act 1903. Learn more here.

Barrister does not mean good communicator

Tue Aug 30 2016

The Rules of Court and the control that comes from the right to cross examine, can make you feel like an effective communicator as getting your point of view (your client’s point of view) across can be relatively easy. However, advocating in court is much different from talking with solicitors and clients ‘out of court’ and from relating to your family at home.

When do you last recall achieving real value from seeking to cross examine someone during negotiations, or from ‘winning the argument’ with your spouse, partner, kids or friends, by virtue of your advocacy skills?

In the context of relationships – whether at work or at home – the raw exercise of power is antithetical to valuable connection and resolution of conflict.

Most of us are not naturally good communicators and so (whether we like it or not) whilst confidence to speak up is a good start – we must learn to listen and to acknowledge what is being said to us. That is, to respect the speaker by showing that we understand their point of view.
Register for Communicate 2016 on September 26-27 – you will hear world experts speak on how to communicate more effectively and on the relationship between communication and conflict.

CPD points are available based on Bar Association guidelines. Shared registrations and generous group rates are also available. See http://www.communicateconference.com for full details.

A room with a View

Tue Aug 30 2016
For Sale or Licence

Sixth Floor Windeyer Chambers has an impressive large external room (17.35 sq m) with views of historic Macquarie Street and genuine harbour glimpses. Learn more here.

Room for licence on Nine Wentworth Chambers

Tue Aug 30 2016

A single room has now become available for licence on the main floor of Nine Wentworth.

This 17.5m2 room has extensive shelving and cupboard space. It is also fully connected to the BarNet network, has access to two conference rooms and access to an extensive floor library. 


The floor consists of 6 Senior Counsel and 17 Juniors with a wide range of expertise. The room would suit a Senior Junior or Junior.

The room may be inspected by prior appointment with the Clerk. Please contact 8815 9200 or clerk@ninewentworth.com.au

Details are available upon application and all enquiries will be dealt with in the strictest confidence.

2017 Personal Injury Conference: call for papers

Mon Aug 29 2016

The NSW Bar Association's 2017 Personal Injury Conference is scheduled for Saturday, 11 March 2017. The association's Professional Development Department would like to invite members to submit abstracts for papers to be included on the day. Suggestions for papers can be submitted to the professional development coordinator, Tiffany McDonald Suggestions and abstracts are requested by Friday, 30 September 2016.

Call for papers: 2017 CPD Conferences

Mon Aug 29 2016

The NSW Bar Association's Professional Development Department invite members to submit suggestions and/or abstracts for papers to be included in the Bar Association's 2017 CPD Conference series. The conferences will be held on Saturdays in Ballina, Newcastle, Orange, Parramatta and Sydney during February and March.

The dates for 2017 Conferences are:

  • North Coast (Ballina) – Saturday 18 February
  • Newcastle – Saturday 25 February
  • Orange – Saturday 4 and Sunday 5 March
  • Parramatta – Saturday 18 March
  • Sydney – Saturday 25 March

Suggestions for papers and brief synopses can be submitted to the professional development coordinator, Tiffany McDonald (tmcdonald@nswbar.asn.au) Suggestions and abstracts are requested by Friday, 30 September 2016.

Bar Book Club meeting in September

Mon Aug 29 2016

The next meeting of the Bar Book Club will be on Wednesday, 28 September 2016 at 6.00pm in the Bar Library. Up for discussion will be I Came to Find a Girl by Jaq Hazell. The Telegraph described it as one of the best crime novels of 2015. Hopefully it will be a page turner. The Kindle version is only $1.32.

Vale James Merralls AM QC

Mon Aug 29 2016

James Merralls AM QC, editor of the Commonwealth Law Reports for the last 47 years, died last week. The Queensland Law Reporter published this farewell.

Part-time employment opportunities wanted for Indigenous law students

Mon Aug 29 2016

Do you need some clerical, administrative or research assistance to run your practice? If the answer is yes - why not employ an Indigenous law student? There are a number of students currently looking for this opportunity. 



As part of the Bar Association's Indigenous Barristers Strategy, all barristers, clerks and chambers are encouraged to identify part-time employment opportunities for 2016 for Indigenous law students. Ideally, this would be for a day or half day a week on a regular basis doing loose-leaf filing, administrative or clerical tasks or research and includes some mentoring and guidance for the student.

This initiative has been highly successful for a number of Indigenous law students and needs the ongoing support of more members of the Bar to ensure its continued success. Contact with the Bar as well as some financial security significantly contributes to the success of the students at their law studies.

Please contact Chris Ronalds SC on ronalds@fjc.net.au or 9229 7378 if you have any openings. 




PA Selth 


Executive Director 



McAvoy SC and Callaghan SC appointed counsel assisting

Mon Aug 29 2016

Peter Callaghan SC and Tony McAvoy SC have been appointed as counsel assisting the Royal Commission into the Protection and Detention of Children in the Northern Territory. The royal commission made the announcement on Friday, 26 August 2016. More information is available from the royal commission website.

Second Australian Legal History Tutorial

Mon Aug 29 2016

The Francis Forbes Society will host its second Australian Legal History Tutorial tomorrow at 5.15pm in the Banco Court. The topic will be Roman law and it will be delivered by Justice Emmett.

Parole release authority and re-offending

Mon Aug 29 2016

The New South Wales Bureau of Crime Statistics and Research (BOCSAR) has found that offenders released to parole by the State Parole Authority (SPA parolees) are less likely to re-offend than offenders released to parole as a result of a court decision (court-ordered parolees). The findings are contained in the latest Crime and Justice Bulletin.

Proposed Escrow Payment Service for barristers

Mon Aug 29 2016
Presentation and invitation to join a focus & design group

The NSW Bar Association, through Senior Vice-President Arthur Moses SC and the former treasurer, Justin Hogan-Doran, is working on a project with the National Australia Bank with the aim of providing members with an on-line escrow payment service, if they choose to use it.

Similar to a service already being provided by the English Bar to its members, the service would not be a trust account, but would allow members to arrange for client funds to be held on escrow with the bank as security for fees for appearance work, advice work and ADR etc. It is proposed that payment would be made against invoices and the funds held until paid, returned at the conclusion of the matter or until court order after any dispute about fees. The service would be fully on-line, with the funds held by the bank as stakeholder.

The service would be of use to members especially for matters where the solicitors do not operate trust accounts, or the solicitor or barrister wishes the funds to be held separately, and for direct access work, international work and ADR.

We invite interested members and clerks from across the bar’s practice areas to join a focus group to give feed-back on and aid in the design of the service, to help make it as useful as possible to all members. The group would work with Arthur Moses SC, Justin Hogan-Doran and a team from the National Australia Bank over the coming months. We invite all interested members and clerks to send an email to rwikramanayake@nswbar.asn.au by 31 August 2016.

On Thursday, 29 September 2016, a general presentation about the proposed Escrow Payment Service will be held for members in the Bar Common Room. Clerks of Chambers are also invited to attend.

Chair: Arthur Moses SC

Presenters: Justin Hogan-Doran (7 Wentworth Selborne), Theo Gavrilos (head of Corporate Services, NAB) and Mr Murray Lord (senior legal counsel, NAB)

Court security presentations

Fri Aug 26 2016

The Office of the Sheriff will hold presentations in the Downing Centre and Parramatta on appropriate responses to critical incidents on court premises. These presentations are a response to the current security environment and the commencement of the protocol for police to wear their firearms while attending court. All members are welcome.

The first presentation will be at the Downing Centre on Tuesday, 30 August 2016 at 5.00pm-6.00pm in the Lower Ground Floor Jury Assembly Room. The next will be at the Sydney West Trial Court, Parramatta, in the Level 1 Jury Assembly Room on Tuesday, 6 September 2016 at 5.00pm-6.00pm.

Amendment to the Supreme Court Rules

Fri Aug 26 2016

On 1 August 2016, the Supreme Court Rules Committee approved Amendment No 429 to the Supreme Court Rules. The amendments remove a notation regarding the use of a DX address on the self-addressed envelope for the return of a grant of probate, administration or reseal. The amendment was published on the NSW Legislation Website today and will commence on 1 September 2016.