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ABA supports Indigenous voice

Fri Jun 22 2018

In its recent submission to the Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples, the Australian Bar Association says last year’s Uluru Statement from the Heart is "a historic opportunity to remedy the omission of First Nations peoples from the Constitution, their exclusion from the creation of the Australian state and the passage of its founding document". The ABA submission was reported in the National Affairs column of [The Australian].

Vinnies CEO Sleepout a success

Fri Jun 22 2018
Message from President Arthur Moses SC

My thanks to all members of the NSW Bar who made donations for the St Vincent’s homeless appeal. We raised $30,798. A home is a right not a privilege.

Judges in Conversation - Current Issues in Maritime Law

Fri Jun 22 2018

Melbourne Law School is delighted to invite you to the launch of Judges in Conversation - Current Issues in Maritime Law with the Honourable Justice Steven Rares and Professor Martin Davies.

In this Judges in Conversation event, Professor Martin Davies and Justice Steven Rares will address a range of current issues in maritime and admiralty law, including damages for wrongful arrest, recognition of foreign maritime liens, the intersection between cross-border insolvency and admiralty, and the shortcomings of the UNCITRAL Model Law, particularly when circumstances change in relation to the foreign insolvency proceedings.

The lecture will take place at Courtroom 8A, Federal Court of Australia on 305 William St, Melbourne VIC, 3000 between 6-7pm. It will also be live-streamed to the in the following locations:

  • Federal Court of Australia in Sydney at Courtroom 18A Law Courts Building 184 Phillip St Queens Square, Sydney NSW 2000
  • Please register here.
  • Federal Court of Australia in Brisbane at Court 6, Harry Gibbs Commonwealth Law Courts Building, 119 North Quay Brisbane QLD 4000
  • Please register here.

If you would like to attend the free public event in Melbourne, please register here. If you would like to be notified of any future events, please subscribe to our newsletter here.

Are you sure?

Fri Jun 22 2018

Members are invited to a joint symposium hosted by the Australian Academy of Law and the Australian Academy of Science on Thursday, 23 August 2018 at 5.00pm on Level 21 of the Law Courts Building, Queens Square. "Are you sure?" will be chaired by Justice Stephen Gageler AC and will compare scientific and legal decision making, assessment of evidence, cause and effect, as well as the presentation and treatment of expert scientific evidence in the courts. Learn more here.

Fitted for Work clothing drive ends Friday, 29 June

Fri Jun 22 2018
Philanthropy

Clear out your (or your partner’s) closet for a good cause – the Fitted For Work clothing drive. Fitted for Work is a charity that dresses and coaches disadvantaged women for job interviews. Members are asked to raid their (or their partner’s) wardrobes and donate good quality business clothing, shoes, handbags and accessories. Full details of the clothing donation guidelines are available here.

Donations can be delivered to Victoria O'Halloran at Two Wentworth Chambers until Friday, 29 June. All donations will be delivered to Fitted for Work in Parramatta.

Coming up in CPD next week

Fri Jun 22 2018

Tuesday, June 26 2018 - Tendency evidence including how to approach concoction/contamination

Presented by Tanya Smith, Deputy Senior Crown Prosecutor and chaired by Belinda Rigg SC, Public Defender. For full details, please download a flyer here.

Wednesday, June 27 2018 - DO’s and DONT’s of running a case in Equity

Presented by The Hon Justice Stephen Robb and Jodi Steele. Chaired by Nicholas Kidd SC. For full details, please download a flyer here.

All seminars will commence at 5.15pm in the Bar Association Common Room unless otherwise stated.

For a full list of current CPD events please click here.

Sir Laurence Whistler Street AC KCMG KStJ (1926-2018)

Fri Jun 22 2018
Vale

The Hon Sir Laurence Street AC KCMG KStJ, the 14th chief justice of NSW from June 1974 to November 1988 and honorary life member of the Bar Association, has died.

President Arthur Moses SC said:

Sir Laurence was admitted to practise at the New South Wales Bar in February 1951. During a life of accomplishment in the law, many honours were bestowed upon him. He took silk in 1963. In 1965 he was appointed chief judge in the Equity Division of the Supreme Court. He was made a Knight Commander of the Most Distinguished Order of St Michael and St George in 1976. He was made a Companion of the Order of Australia in 1989 for service to the law and to the Crown.

Sir Laurence was chief justice when the Judicial Commission of NSW was created by the government of Premier Barrie Unsworth and Attorney General Terry Sheahan. Initially seen as a direct attack upon the separation of powers, Sir Laurence’s skilful leadership of the judiciary ensured that amendments were made to the legislation and Parliament's constitutional role in the dismissal of judges was preserved. Sir Laurence was also the lieutenant governor of NSW and acting governor and served the community with distinction in that role.

At a ceremony to farewell Sir Laurence upon his retirement as chief justice, Michael Kirby said:

The Chief Justice has been, to the last, a special mixture of traditionalism and innovation. Of conservation and of radicalism. In this sense, he is the product of his distinguished parents. But he is also a reflection of the very tradition of our law which marries stability and creativity in a brilliant way.

Following his retirement, Sir Laurence led many and varied inquiries, particularly into the Defence Force disciplinary system in 2008. He was a commander in the Royal Australian Naval Reserve and led the formation of the Naval Reserve Legal Panel, which will remain as one of his legacies. He served as president of the International Law Association from 1990-1992 and president of the Judiciary Appeals Committee of the NRL from 1997-2010.

On behalf of the NSW Bar, I extend my condolences to the family of Sir Laurence. Sir Laurence will be remembered as a great leader of the NSW Supreme Court and a faithful servant of the law.

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

Local Court annual conference sitting arrangements

Thu Jun 21 2018

Chief Magistrate Graeme Henson AM has notified the Bar Association of sitting arrangements that will apply during the Local Court's annual conference from 1-3 August 2018.

Metropolitan area

Two Acting Magistrates will be rostered at Parramatta Local Court to determine bail for adult persons who remain in custody in the metropolitan area and to consider any urgent applications for Apprehended Violence Orders that are lodged state wide. All adults, reinanded in custody within the Sydney Metropolitan area, are to be dealt with via Audio Visual Link facilities at Parramatta Local Court from Correctional facilities at Surry Hills and Emu Plains.

To improve the efficiency of the bail courts at this time I would request that special administrative arrangements be made. In particular that Legal Aid staff are given access to charge papers and their clients earlier than would normally occur on a week day, as occurred last year.

Regional areas

Registrars of the Court will conduct bail hearings when required at regional locations.

Children's Court

Two Acting Magistrates with experience in the operation of the Children's Court will be rostered at Parramatta Children's Court to determine ball applications, urgent applications for Apprehended Violence Orders and urgent applications for care and protection orders from across the state.

Any juvenile who is taken into custody and refused bail by police is to be transported to the nearest Detention Centre and brought before Parramatta Children's Court via Audio Visual Link from that Detention Centre. Please note that in regional areas where long distances are required to transport the young person to the Detention Centre it may be preferable to initially place the juvenile before the Registrar (if available) for bail determination and if bail is subsequently refused by the Registrar the matter is to be adjourned to the following day to appear via Audio Visual Link facilities before the Magistrate at Parramatta Children's Court.

Applications for urgent Apprehended Violence Orders where the defendant is a juvenile are to be lodged at the nearest court and transmitted to Parramatta Children's Court by court staff for determination by a Magistrate during court sitting hours, Parties are to be advised not to attend the Parramatta Children's Court registry.

Applications for Emergency Care and Protection Orders or applications for care and protection orders where a child has been removed or where care has been assumed are to be lodged at the nearest court. Staff at that Court should contact Parramatta Children's Court (8688-1888) to obtain an urgent listing date at Parramatta. Parties in regional or rural locations should, in appropriate cases, be assisted by court staff to appear at Parramatta Children's Court via Audio or Audio-visual Link.

Apprehended Violence Orders

Magistrates will be available at Parramatta Children's Court and Local Court on weekdays that are not public holidays to determine urgent applications only during court sittings hours. The following instructions are to be provided to Local Court staff during the fixed leave period:

  • Parties are to be advised that they are not to attend either Parramatta Children's Court or Local Court during the above period for the purpose of obtaining Apprehended Violence Orders. Please ensure that Registrars provide this information to their local police commands
  • Urgent Apprehended Violence applications are to be referred to the duty Magistrate by facsimile during court sitting hours
  • Authorised Justices are to adjourn matters involving persons in custody to the next sitting day of the Court (or circuit if applicable) from which that matter arises on or after 6 August 2018, not to Parramatta Children's Court or Local Court.

General instructions for Authorised Justices conductin bail courts

Authorised Justices are to adjourn matters involving persons in custody to the next sitting day of the Court (or circuit if applicable) from which that matter arises on or 6 August 2018 wherever possible. Should an accused person be refused bail and not consent to the adjournment beyond the statutory period the matter should not be adjourned to Parramatta Local Court or Parramatta Children's Court unless arrangements have been made with the relevant registrar for the listing of the matter before a magistrate.

It's on tonight! Support Moses SC in the 2018 Vinnies CEO Sleepout

Thu Jun 21 2018
Philanthropy

President Arthur Moses SC will take part in tonight's 2018 Vinnies CEO Sleepout. The pouring rain has eased, but overnight temperatures are expected to hit a low of around eight degrees. He's reached this year's target of $22,000 but there's sill time to make a donation here.

The New York Convention 60 years on

Thu Jun 21 2018

The Australian Centre for International Commercial Arbitration (ACICA) will host a symposium exploring the role played by the New York Convention in the growth of international trade. "Underwriting Cross-Border Contracts - the significance of the New York Convention 60 years on", will be held on 4 July 2018 from 4.45pm at the offices of Herbert Smith Freehills. Speakers include Chief Justice Bathurst AC and Justin Gleeson SC. Learn more here.

CIArb Asia Pacific Diploma Course in International Commercial Arbitration

Thu Jun 21 2018
28 July - 5 August, Perth

Registrations are open for the 2018 CIArb Asia Pacific Diploma Course in International Commercial Arbitration. Following the success in Singapore in 2016 and Hong Kong in 2017 this pre-eminent tertiary course offers a prestigious globally recognised qualification and is aimed at meeting the increasing demands for accredited arbitrators and arbitration practitioners to resolve cross border disputes in the Asia Pacific and beyond.

The course fee includes entry to not only the course but high-end networking/social events including the course dinner which will have the Hon Christian Porter, Attorney General of Australia as the guest speaker. To register and gain further information, you can visit the course website.

Super special - calling the junior bar - save $745!

Tue Jun 19 2018
Conferences

Limited to the first 50 Junior Bar delegates to register for the conference. For further information including the conference program and to register visit the conference website. Special registration includes:

  • two-day full conference access
  • welcome reception at Pier One, Sydney Harbour
  • formal dinner at The Cutaway, Barangaroo
  • conference materials and merchandise

NSW Budget measures to tackle District Court backlog

Tue Jun 19 2018
News

The NSW Budget 2018 will include $27.1 million for ongoing measures to cut the backlog of criminal trials in the District Court, with five additional judges, two public defenders and extra sitting days. Learn more here.

COAT NSW Annual Conference

Tue Jun 19 2018
Conferences

The 2018 Council of Australasian Tribunals (COAT) NSW Annual Conference will be held at the Pullman Sydney Hyde Park on Friday, 7 September, 2018. To view the full conference program and to register, please visit the official Conference website at www.coatnswconference.com.au. Early Bird Registration will be available until Friday, 13 July, 2018.

Room for sale - Maurice Byers Chambers

Tue Jun 19 2018

A rare opportunity has become available to purchase an external room with plenty of natural light in a well-established, recently renovated, busy chambers. Learn more here.

Forthcoming! Commonwealth Criminal Law (2nd ed) by Troy Anderson

Tue Jun 19 2018

Since the first edition published in 2014, the area of Commonwealth criminal law has continued to expand and evolve, particularly in the areas of terrorism, drug importation and sentencing. This second edition has been extensively revised and updated to reflect these legislative changes as well as recent case law. In particular, chapters dealing with child exploitation by way of online pornography and abuse, and counter-terrorism (now referred to as ‘Security of the Commonwealth’) have been significantly overhauled, and the chapter on sentencing includes more recent sentencing practices and guidelines. This second edition continues to cover wide-ranging areas of Commonwealth criminal law, including corporate crime, social security and tax fraud, money laundering, drug offences and offences involving the internet and terrorism. It also deals with the special Commonwealth sentencing provisions provided for by the Crimes Act 1914 (Cth) and analyses how criminal liability for such offences must be proved under the Criminal Code (Cth).

** rrp $135 + freight. To pre-order your copy, please call us on 02 9552-2200 or click here.

A room in Sir Owen Dixon Chambers

Tue Jun 19 2018

Sir Owen Dixon Chambers has an internal room (approx. 12sqm) for sale or license. Sir Owen Dixon chambers is a very collegiate and friendly floor located on level 64 of the MLC Centre. There are 3 Senior Counsel and 59 juniors. There is a considerable diversity of practices on the floor including criminal, personal injury, medical negligence, administrative, commercial, family and coronial. Monthly floor fees include access to libraries, online subscriptions, administrative, electronic diary management by the clerk and internet services. All enquiries should be directed to the clerk, Ian Irvine on 8076 6600.

Rainbow Lodge

Tue Jun 19 2018
Philanthropy

Rainbow Lodge, named after Judge Alf Rainbow, is funded to provide 12 weeks residential transition for homeless men leaving correctional services. In more recent times it has also offered up to two years Outreach Support for the 30 – 40 men who pass through Rainbow Lodge each year. Support in the first two years after release is crucial to reducing recidivism. Support comes by way of connecting men to housing, medical, mental and dental services, advice, food support and a source of social contact. Rainbow Lodge’s residential service is funded by the government – its Outreach Service is struggling for funds. Donations of $2 or more are tax deductible. Please send your cheque to Rainbow Lodge, P.O. Box 131 Glebe, NSW 2037.

Budget 2018: Bar talks with Premier Berejiklian yield $10m extra for early guilty pleas

Tue Jun 19 2018
A message from President Arthur Moses SC

With the consent of the Premier's office, the President can inform members that in the NSW Budget to be released tonight the Treasurer will announce that in addition to $29.5 million for reforms to encourage early guilty pleas, there will be an additional $10 million in funding for Legal Aid NSW.

The additional $10 million allocated to Legal Aid NSW in relation to the early guilty pleas reforms will be used to fund legal representation fees only. The money will not be used on administration costs of Legal Aid NSW. It follows a meeting between the NSW Premier, Gladys Berejiklian and the President of the NSW Bar Association, Arthur Moses SC as well as representations subsequently received from the Law Society of NSW. The allocation of these funds to fee rates paid to lawyers undertaking work under the early guilty plea scheme will be finalised once a review of legal aid fees is completed by Legal Aid NSW which is expected to be in August.

The President said: "Whilst I am disappointed that at this stage the entirety of the sum was not specifically set aside for barristers who have not received an increase in their fees for 10 years and who undertake the vast bulk of complicated matters at reduced fee rates, now that we have secured these funds we will work with Legal Aid NSW to ensure that barristers are paid appropriate rates for this work.The success of the early guilty plea scheme to reduce the over 2000 caseload of the District Court will depend on barristers undertaking this work. The current delays and consequential stress this places on victims and witnesses cannot be underestimated.

I am grateful for the additional allocation of funds to Legal Aid NSW and the constructive discussions I have had with the Premier , who understood the difficulties of delays in criminal cases . It was the Premier’s intervention that has resulted in the additional funding to be announced tonight. I did inform the Premier that once the funding of the early guilty pleas was put to one side, the profession needed to have a broader discussion with the Government on the long term funding of a viable legal aid system."

Federal Circuit Court swearing-in

Mon Jun 18 2018

Bruce Smith will be sworn-in as a judge of the Federal Circuit Court at a ceremonial sitting on Tuesday, 26 June 2018 at 4.30pm in Courtroom 7C, Level 7, Lionel Bowen Building, 97-99 Goulburn Street, Sydney.

Coming up in CPD

Mon Jun 18 2018

Tuesday, June 26 2018 - Tendency evidence including how to approach concoction/contamination

Presented by Tanya Smith, Deputy Senior Crown Prosecutor and chaired by Belinda Rigg SC, Public Defender. For full details, please download a flyer here.

Wednesday, June 27 2018 - DO’s and DONT’s of running a case in Equity

Presented by The Hon Justice Stephen Robb and Jodi Steele. Chaired by Nicholas Kidd SC. For full details, please download a flyer here.

All seminars will commence at 5.15pm in the Bar Association Common Room unless otherwise stated.

For a full list of current CPD events please click here.