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Determination of economic and non-economic losses

Fri Sep 30 2016

Pursuant to s 146 of the Motor Accidents Compensation Act 1999 the minister for finance, services and property has made the Motor Accidents Compensation (Determination of Loss) Amendment Order 2016 (NSW), which from 1 October 2016 increases the maximum amounts that are to apply for (a) past or future economic loss - $4,777 and (b) non-economic loss - $521,000.

Pursuant to s 80 of the Motor Accidents Act 1988 the maximum amount that is to apply for past or future non-economic loss under that Act will, from 1 October 2016, be increased by the Motor Accidents Compensation (Determination of Non-Economic Loss) Amendment Order 2016(NSW).

Workers compensation indexation

Fri Sep 30 2016

The Workers Compensation (Indexation of Amounts) Amendment Order 2016 (NSW) and the Workers Compensation Amendment (Latest Index Number) Regulation (No.2) 2016 will commence on 1 October 2016 and will be published on the Legislation NSW website. The object of the first order is to notify the number that equates to the factor B/C - used in the formula for calculating the variation of the weekly payment to be paid to a worker under section 82A of the Workers Compensation Act 1987. That section provides that weekly payments are to be varied on 1 April and 1 October in each year. The second order updates a number used in the indexation of benefits.

Changes at Legal Aid NSW

Fri Sep 30 2016

Mr Bill Grant will retire from the position of chief executive officer of Legal Aid NSW in December 2016, as will Mr Steve O'Connor, the deputy CEO. Meanwhile, Mr Richard Funston has been appointed deputy CEO of Legal Aid NSW, with effect from 26 September 2016.

Accreditation, re-accreditation as mediators

Fri Sep 30 2016

Applications are now open for members wishing to be accredited or re-accredited as mediators with the NSW Bar Association under the National Mediator Accreditation System (NMAS). The accreditation period under the NMAS is for two years. Applicants can also elect to appear on the District Court panels which is also for a period of two years. Applications must be sent in soft copy to Megan Batchelor, mbatchelor@nswbar.asn.au by 5.00pm on 30 September 2016. Please note that late applications will not be accepted. Download an application form here.

Prejudicial material in bail applications

Fri Sep 30 2016

The NSW DPP has, in a letter to the president of the Bar Association, indicated that members of the New South Wales Bar who are concerned that bail reports to be provided to a judicial officer prior to a bail application may contain irrelevant and potentially prejudicial material (for example, reference to charges that did not proceed to conviction) should approach officers of the DPP to redact that material.

Aboriginal trauma, Foetal Alcohol Spectrum Disorder and the juvenile justice system: a volatile cocktail

Fri Sep 30 2016

The NSW Judicial Commission Ngara Yura Committee, the NSW Bar Association Indigenous Barristers’ Trust and the Law Society of NSW Indigenous Issues Committee jointly present "Aboriginal trauma, Foetal Alcohol Spectrum Disorder and the juvenile justice system: a volatile cocktail"

Presented by June Oscar AO and Her Honour Judge Dina Yehia SC.

Chaired by Anthony McAvoy SC.

This seminar will be held at 5.15pm in the NSW Bar Association Common Room on Thursday 6 October 2016. Light refreshments will be available at the conclusion of the seminar

Please note registration is required for this event. To register please email your full name and organisation to mbatchelor@nswbar.asn.au. Places are limited. Please follow the brochure link here.

Senior counsel 2016

Fri Sep 30 2016

The appointment of senior counsel for 2016 will be announced at 1.00pm today. Learn more here.

Senior counsel appointments for 2016

Fri Sep 30 2016

President Noel Hutley SC has announced that the following applicants have been appointed senior counsel for 2016. The successful applicants, in order of seniority, can be viewed here.

Profiles of the successful applicants can be viewed here.

Statistics regarding senior counsel appointments in 2013-16 can be viewed here.

View the Senior Counsel Selection Protocol here.

Aboriginal trauma, Foetal Alcohol Spectrum Disorder and the juvenile justice system: a volatile cocktail

Fri Sep 30 2016

The NSW Judicial Commission Ngara Yura Committee, the NSW Bar Association Indigenous Barristers’ Trust and the Law Society of NSW Indigenous Issues Committee jointly present "Aboriginal trauma, Foetal Alcohol Spectrum Disorder and the juvenile justice system: a volatile cocktail"

Presented by June Oscar AO and Her Honour Judge Dina Yehia SC.

Chaired by Anthony McAvoy SC.

This seminar will be held at 5.15pm in the NSW Bar Association Common Room on Thursday 6 October 2016. Light refreshments will be available at the conclusion of the seminar

Please note registration is required for this event. To register please email your full name and organisation to mbatchelor@nswbar.asn.au. Places are limited. Please follow the brochure link here.

2016 CIArb Accelerated Route Towards Fellowship 15 – 16 October 2016, Melbourne

Thu Sep 29 2016

Registrations are now open for the 2016 CIArb Accelerated Route Towards Fellowship (ARF) course which will be held from 15 - 16 October at the Melbourne Commercial Arbitration and Mediation Centre.

Delivered by the Chartered Institute of Arbitrators (CIArb) this course is intended for suitably qualified candidates who are practising lawyers with at least 10 years’ standing and who have substantial experience in arbitration. The Course syllabus is based on international arbitration law and it is essential that candidates have at least a reasonable working knowledge of the UNCITRAL Model Law and UNCITRAL Arbitration Rules. CIArb accreditation carries a global qualification in the growing practice of international arbitration. Places are limited. Read more here.

Tonight in CPD: Proposed Escrow Payment Service for barristers

Thu Sep 29 2016

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.

Tonight, 29 September 2016 at 5.15pm, 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)

Attendance of this session attracts 1 CPD point per hour in the ‘Practice Management and Business Skills’ strand

2016 Pink & Blue Ribbon Breakfast – all welcome

Thu Sep 29 2016

Members and their friends are invited to the 2016 Pink & Blue Ribbon Breakfast on Friday, 28 October at Verandah Restaurant. Come and enjoy a two-course breakfast and help raise money for two wonderful charities. There will also be a fabulous raffle drawn on the morning with amazing prizes to be won!

Raffle tickets will also be available to pre-purchase from 17 October at the Bar Association Reception. RSVP for the breakfast today, RSVPs will be accepted until Friday, 21 October unless sold out prior.

Click here for all the event details including updated details on the amazing raffle organised by the Diversity and Equality Committee.

If you are unable to attend the breakfast, you may still make a donation to these worthy causes via the registration process. All donations over $2 are tax deductible. Tax receipts will be issued by the charities following the events. To donate, please click here.

Supporting charities

The National Breast Cancer Foundation (NBCF) is the leading community-funded national organisation in Australia raising money for research into prevention and cure of breast cancer. Research programs funded by the NBCF cover every aspect of breast cancer, from increasing understanding of genetics to providing better treatments and improving ways to support women and their families. The NBCF relies almost entirely on corporate and community support to continue its work.

The Prostate Cancer Foundation of Australia (PCFA) is the peak national body for prostate cancer in Australia. The PCFA focuses on funding innovative research, support, information and advocacy for men with prostate cancer and raising awareness across the community. PCFA operates over 100 supports groups Australia wide who provide support and advocacy, via the phone or face to face to men and their families affected by prostate cancer. These groups meet regularly and provide a meeting forum for the exchange of experiences, ideas and news as well as an invaluable support network.

If you have any questions regarding the event, please contact Katie or Hannah on ph: (02) 9232 4055. We look forward to seeing you there.

Seminar on probative value and unfair prejudice

Thu Sep 29 2016

The Public Defenders and the Faculty of Law, University of NSW will host a discussion on Section 137 - probative value and unfair prejudice post IMM v The Queen [2016] HCA 14 with: Judge Dina Yehia SC, Judge of the NSW District Court; Professor Gary Edmond, School of Law, University of NSW; Stephen Odgers SC, barrister; and Professor David Hamer, Sydney Law School, University of Sydney.

Date: Wednesday 12 October 2016 from 5.00pm – 7.00pm at Public Defenders Chambers, 23/1 Oxford Street, Darlinghurst.

As numbers are limited please RSVP by 7 October to Kieran Darcy at kieran.darcy@justice.nsw.gov.au or tel: 9268 3196.

Nominations for 2017 Bar Council

Thu Sep 29 2016

Members are reminded that nominations for the 2017 Bar Council must be received by the returning officer by 4.00pm on Monday, 10 October 2016.

Nomination forms have been posted to all members. The form is also available from the Bar Association’s Reception (ph: 9232 4055; fax: 9221 1149 or e-mail: reception@nswbar.asn.au).

All nominations are acknowledged by e-mail to the candidate within 24 hours of their receipt by the returning officer. A candidate who has not received an acknowledgment within 24 hours of when they believe the nomination would have been received by the returning officer should immediately contact the Bar Association on ph: 9232 4055.

Alastair McConnachie
Deputy Executive Director & Returning Officer

Coming up in CPD: Preparing an Appeal to the Court of Criminal Appeal

Thu Sep 29 2016

On Wednesday, 26 October 2016 Chrissa Loukas SC will present a practical advocacy seminar on appeals to the Court of Criminal Appeal. The seminar incorporates both severity and conviction appeals. The emphasis will be on the essentials of written submissions and oral advocacy. Learn more here.

Chair: Stephen Odgers SC

Presenter: Chrissa Loukas SC

This seminar has been organised by the New Barristers Committee.

Registration is required. Please send your RSVP response to Greg Antipas, Chair, New Barristers Committee at gantipas@wentworthchambers.com.au

Recidivism and non-custodial sanctions

Thu Sep 29 2016

The NSW Bureau of Crime Statistics and Research (BOCSAR) has published Crime and Justice Bulletin 197 August 2016, which analyses the risk of reoffending among adults given non-custodial sanctions. View the report here.

Final call for papers: 2017 CPD Conferences

Thu Sep 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.

ABA responds to latest BOCSAR report on Indigenous offending and imprisonment

Wed Sep 28 2016

The Australian Bar Association has responded to today’s release of the latest BOCSAR statistics on NSW Indigenous crime and imprisonment, calling on governments to take a closer look at bail and community-based orders and their impact on the increasing rates of Indigenous incarceration. View the media release here.

Reports to note: trends in Indigenous offending and imprisonment

Wed Sep 28 2016

The NSW Bureau of Crime Statistics and Research (BOCSAR) has released two reports on Indigenous offending and imprisonment. The high rate of Indigenous incarceration is well-known. What is less well known is that arrest rates for Indigenous Australians in NSW have been falling, both for property crime and violent crime. The contradiction is explained by higher rates of conviction, a greater likelihood of imprisonment for breaches of community-based orders and a higher rate of bail refusal. Download Trends in Indigenous Offending NSW: 2001-2015 and What’s Causing the Growth in Indigenous Imprisonment in NSW?

Accreditation, re-accreditation as mediators

Wed Sep 28 2016

Applications are now open for members wishing to be accredited or re-accredited as mediators with the NSW Bar Association under the National Mediator Accreditation System (NMAS). The accreditation period under the NMAS is for two years. Applicants can also elect to appear on the District Court panels which is also for a period of two years. Applications must be sent in soft copy to Megan Batchelor, mbatchelor@nswbar.asn.au by 5.00pm on 30 September 2016. Please note that late applications will not be accepted. Download an application form here.

The complete list of women who practised at the NSW Bar

Wed Sep 28 2016

The Bar Association is endeavouring to compile a list of all women who practised at the New South Wales Bar. Unfortunately, the historical written record for the early years is sparse. There are problems in identifying those women who were admitted as a barrister and then practised. A list has been compiled from admission records, the Law Almanac, ALJ, Bar Association records and anecdotal sources.

There will undoubtedly be errors in the list. The list is being published in the hope that members of the NSW Bar, and others, will be able to help us correct errors or omissions. If you are able to help, please contact Kim Kemp, the Association’s Senior Projects Lawyer, who has done the ground-breaking work in compiling the list: kkemp@nswbar.asn.au.

Immigration Advice and Rights Centre movie night

Wed Sep 28 2016

The Immigration Advice and Rights Centre (IARC) is holding a movie night to raise funds for its Domestic Violence Program. Come and see Life, Animated (Rated PG, 1hr 30 mins) at the Dendy Cinemas, Newtown on Wednesday, 19 October 2016. Drinks start from 6.15pm and the screening is from 7.00pm. Buy your ticket or make a donation by clicking here.

Be sure to bring cash on the night to purchase a raffle ticket!

The Immigration Advice & Rights Centre is a not for profit Community Legal Centre that provides free expert immigration advice to vulnerable asylum seekers, refugees and recently arrived migrants.

2016 Salvos Legal Lecture Series

Wed Sep 28 2016

The Salvos Legal Lecture Series will be held on Saturday, 12 November 2016 and the theme will be "Mental Health and the Law".

The program features expert speakers addressing a range of topics including: the Mental Health Review Tribunal, the role of a Guardian-ad-Litem, the interaction between addiction, mental illness and the criminal justice system, effective approaches for working with clients suffering from mental illness, and strategies for promoting the psychological well-being of legal practitioners.

Learn more here.

Tuesday lunchtime yoga classes are back

Wed Sep 28 2016

Attention yogis: the Tuesday 1.00pm yoga classes have resumed, following completion of the Bar Practice Course. For more information please contact Jolie on 0414 092 502.