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Tonight: Interim Family Law Hearings

Tue Mar 12 2019
Tuesday, March 12 2019

Presented by The Honourable Justice Louise Henderson, Family Court of Australia and Her Honour Judge Elizabeth Boyle, Federal Circuit Court of Australia and chaired by Angela Petrie. Learn more here.

This seminar has been organised by the NSW Bar Association’s Family Law Committee.

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

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

Opens Witness Examination Competition

Tue Mar 12 2019
Volunteers required

The UTS LSS is seeking barristers or lawyers to adjudicate their upcoming Opens Witness Examination Competition.

Their Witness Examination Competition involves two competitors acting as either as a prosecutor or defence counsel in criminal court. Our competition focuses on developing competitor’s skills in creating a case theory through opening summations, and examining witnesses on the stand.

This semester, their competition will run from 1 April. Rounds will be conducted on a Monday from 9am to 9pm. Each round runs for 60 minutes, followed by approximately 10 minutes of feedback for competitors. It is recommend that those who are interested set aside 90 minutes to judge a round.

The dates for the rounds are as follows:

  • Prelim Round Monday 1 April
  • Round 1 Monday 8 April
  • Round 2 Monday 15 April
  • Round 3 Monday 29 April
  • Round 4 Monday 6 May
  • QF Monday 20 May
  • SF Monday 27 May
  • GF Monday 3 June

If you are interested in volunteering your time and knowledge to judge their competition, please contact Hue Pham via email on witex@utslss.com or phone 9514 3448 to indicate your availability.

Equitable briefing of experts

Tue Mar 12 2019
Diversity

The Women Barristers Forum and the Diversity and Equality Committee of the Bar Association invite you to a discussion on 14 March 2019 at 5.15pm of the issues associated with equitable briefing of experts. This is a topic that will require attention from members of the Bar and is a focus of increased discussion amongst our instructing solicitors. Please join the Hon. Justice Markovic, Vanessa Whittaker SC (Eleventh Floor), Claire Smith (Clayton Utz) and Rebecca Conoulty (Sapere Forensic) for this CPD. Refreshments will be provided following the panel discussion. As numbers are limited, please register your attendance here.

/#Diversity

Our judicial system is one of the utmost integrity

Mon Mar 11 2019
Law reform and public affairs

President Tim Game SC has issued a statement defending the integrity of the judiciary, following comments made by the leader of the NSW Opposition, Mr Michael Daley, during a televised debate with Premier Gladys Berejiklian.

The Hayne Royal Commission: Implications for lawyers?

Mon Mar 11 2019

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry handed down its final report on 1 February 2019. Although the report did not focus on the conduct of lawyers, what it said about the conduct of participants in the financial services industry has implication for the legal profession.

The Australian Academy of Law will hold its first event for 2019 in Sydney on Monday, 25 March at 5.00pm - 6.30pm in the Banco Court, Queens Square. Among the distinguished panellists will be Phil Boulten SC, former president of the Bar Association. Reserve your place here.

The World’s Greatest Shave is this week

Mon Mar 11 2019
Philanthropy

The Leukaemia Foundation’s World’s Greatest Shave starts this Wednesday. Jeff Rose from 8 Wentworth Chambers has again signed on to shave his hair and beard in support of the Foundation, but he needs your help.

Jeff asks the members of the Bar to support this great cause by sponsoring him to shave. You can sponsor Jeff by clicking here.

You may not know it but blood cancer claims more lives than breast cancer or melanoma. And today another 35 people will be given the devastating news they have leukaemia, lymphoma, myeloma or another blood disorder.

The Leukaemia Foundation receives no ongoing government funding, so supporting this event makes the Foundation’s work possible. Sponsoring just $53 will ensure someone being treated in hospital gets a personal visit from a highly-trained health professional so they get the extra support they need. $150 can support a blood cancer research project for a day.

Thank you.

ADR joint CPD event

Mon Mar 11 2019

The New South Wales Bar Association and the Law Society of New South Wales invite members to their first joint ADR CPD event for the year, which will be held in the Bar Association Common Room at 5.15 pm on Wednesday, 20 March. The guest presenter will be the Hon PA Bergin SC, who will speak on the topic of "ADR and the Legal Profession", with introductory comments from Mary Walker, chair of the Bar Association’s ADR Committee and closing comments from Gary Ulman, past-president of the Law Society of NSW.

2019 Regional Conference Series: Register now

Mon Mar 11 2019

Registrations are OPEN for the New South Wales Bar Association 2019 Regional CPD Conferences. For more details about each venue, speakers and the costs involved please click here.

  • Saturday, 23 February 2019 - Newcastle - Program
  • Saturday, 2 March 2019 - North Coast Ballina - Program
  • Saturday, 9 March 2019 – Orange - Program
  • Saturday, 23 March 2019 - Parramatta - Program
  • Saturday, 30 March 2019 – Sydney - Program

The conferences are run by registration only and places in each conference are strictly limited. To register and pay to secure your place, please click on any of the "Register Now" buttons located on the dedicated 2019 Regional Conference Series website.

Further speaker details will be made available over the coming weeks. These will be advertised in In Brief as well as on the NSW Bar Association Website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department on 02 9232 4919 or via e-mail cpd@nswbar.asn.au

Tonight: "I didn’t see that coming…” - future proofing practice at the Bar

Mon Mar 11 2019
Monday, March 11 2019

The NSW Bar Association's Practice Development Committee invites members to attend "I didn’t see that coming…” - future proofing practice at the Bar on Monday 11 March at 5.15pm. The presenters, Dr Rosemary Howell, Chair, Strategic Action Pty Ltd, and Professorial Visiting Fellow of the University of New South Wales and Sue-Ella Prodonovich, Principal of Prodonovich Advisory, will provide guidance for both new and established barristers in the future proofing of practice at the Bar. Elizabeth Cheeseman SC, Chair, Practice Development Committee will chair the event. Refreshments will be provided following the seminar to give attendees an opportunity to network and ask questions. Learn more here.

This event has been sponsored by Jade Professional.

Volunteers sought for pro bono schemes in 2019

Mon Mar 11 2019
A message from President Tim Game SC

Members need no reminding that there has been a proliferation of pro bono schemes. The Bar Association has repeatedly stated that such schemes are not intended to relieve governments of their obligation to provide adequate funding for legal aid services. Nor are they intended to provide general assistance for unrepresented litigants or for complex and lengthy trials. They are, however, designed to assist deserving litigants to have their cases properly presented.

Those members who volunteer their services for any or all of the schemes in the attached lists are reminded that pro bono assistance is not to be used as an introduction to obtain a speculative brief.

I would also like to ask members to again offer their support for our own Legal Assistance Scheme. Our scheme, which has formally existed since 1996, offers people who genuinely cannot afford to pay for barristers the opportunity to have their matters legally assessed and, if appropriate, to have barristers appear for them in court. Over the years there has been a significant increase in the number of requests for assistance. There is no indication that the increase in requests will abate. In order that the same generous people are not overburdened from doing legal assistance work, and to assist us in the day-to-day running of the scheme, I should be grateful if members would indicate their willingness to be involved, stipulating their preferred areas of law. The scheme's guidelines are available from the Bar Association's web site at www.nswbar.asn.au under Legal Assistance. The guidelines are also available at the Bar Association's Reception. If you are willing to offer your services to assist, please complete this form and return it as soon as possible. The information will be used to prepare the 2019 list that will be provided to the manager of LARS and all courts involved in the scheme.

LARS now includes mediation

The LARS program has now been expanded to include mediation. Where the parties to the dispute have agreed upon mediation or a court or tribunal has ordered the dispute to mediation, an application may be made under LARS for the assistance of barristers as legal representatives for mediations and also the services of barristers as independent mediators to facilitate the resolution of disputes.

If the matter is referred to a barrister as an independent mediator, that barrister will be a mediator accredited by the Bar Association under the National Standards for Accreditation of Mediators. The barrister will undertake mediation for up to four hours at no cost to the parties. Any further assistance will be by agreement with the parties.

The legal assistance form has been updated accordingly to include a page specifically for barristers accredited as mediators under the national accreditation scheme who wish to offer their services.

The NSW Bar Association has been a Recognised Mediation Accreditation Body since May 2008.

Supreme Court

The Supreme Court operates, with assistance from the Bar Association, a scheme for the provision of legal assistance on a pro bono basis to deserving litigants in appropriate cases commenced in that court. The central aspects of the scheme are embodied in Part 7 Division 9 of the Uniform Civil Procedure Rules 2005.

A judge will make an order for referral to LARS, who will then contact a suitable barrister. Barristers may provide assistance including advice in relation to proceedings, the drafting and settling of documents to be filed or used in proceedings, representation at directions hearings, interlocutory or final hearing, in arbitrations and mediations.

This year, again, I urge all members of the Bar with expertise in the areas of practice covered by the scheme to offer their services. If the scheme is to succeed, it requires the co-operation of sufficient numbers of members of the Bar to ensure that the burden of providing pro bono assistance under it does not fall unfairly on only a few of our members.

Federal Circuit Court Pro Bono Scheme

I would like to encourage members to volunteer their services for a pro bono scheme established by the Federal Magistrates Service. Volunteers will usually be approached directly by solicitors on the court's pro bono panel, although there may be occasions when the court will approach a barrister direct. Volunteers are being sought for the following jurisdictions: administrative law, bankruptcy, human rights, consumer matters, privacy, migration, intellectual property, industrial law and admiralty law.

Part 12 of the Federal Circuit Court Rules establishes a scheme to facilitate the provision of legal assistance to parties who are otherwise unable to obtain assistance if to do so is in the interests of the administration of justice.

Federal Court Pro Bono Scheme

I take this opportunity to again ask members of the Bar to volunteer for this scheme if they have not already done so. Those members who have already volunteered would no doubt be glad if some additional names could be given to the Registrar. The feedback on the operation of the scheme to date has been very good and to those members who have been involved I record my thanks. The central aspects of the Federal Court scheme are contained in Order 80 of the Federal Court Rules.

District Court Pro Bono Scheme

I would like to encourage members to volunteer their services for the pro bono scheme established by the District Court and which operates along lines similar to those operated by the Supreme Court of NSW and the Federal Court. The central aspects of the District Court scheme are contained in Part 7 Division 9 of the Uniform Civil Procedure Rules 2005.

Tim Game SC
President

ABA Committee membership: Expressions of interest

Fri Mar 08 2019
Closes at 5pm on Monday 11 March 2019

The Australian Bar Association draws upon the experience and knowledge of its members to effectively represent the profession and advance public debate on law reform and legal policy issues.

The ABA's committees are comprised of members from the Association's constituent bodies. Each year the ABA reviews the need for committees, the role of each committee and membership of committees.

A list of committees receiving nominations can be found here.

ABA members who wish to be considered for appointment to a committee should complete the online form indicating the committees for which they wish to be considered. Members should nominate for no more than two committees.

Existing members of committees who wish to continue on a particular committee should also complete the online form.

Expressions of interest will close at 5pm on Monday 11 March 2019

Practising Certificate 2019 – 2020 Renewals

Fri Mar 08 2019
Online renewals

The standard period of renewal will commence 1 April 2019 and end 7 June 2019, and the later period will commence 8 June 2019 to 30 June 2019.

Renewal forms cannot be accepted after midnight 30 June 2019. This year the renewals will occur on a newly built ONLINE WEB BASED SYSTEM

  • In the lead up to the renewals period, Barristers will be advised of the URL access to the new online renewals portal.
  • Login remains the same as your member dashboard login and password.

Barristers are encouraged prior to 1 April to do the following:

  • Update your practice address and contact details
  • Ensure you have your Member Username and Password
Other Matters

Information on Professional Indemnity Insurance policy wording for 2019/2020 will be released in the last week of March. Barristers are encouraged to contact the Certification Officer in writing prior to 7 June 2019 if you are considering non-renewal of your practising certificate, Contact NSWBA prior to 1 April 2019 for information on renewal matters such as fees, disclosures and CPD requirements. Abha Malla Certification Officer 02 9232 4055 certification@nswbar.asn.au

ADR joint CPD event

Fri Mar 08 2019

The New South Wales Bar Association and the Law Society of New South Wales invite members to their first joint ADR CPD event for the year, which will be held in the Bar Association Common Room at 5.15 pm on Wednesday, 20 March. The guest presenter will be the Hon PA Bergin SC, who will speak on the topic of "ADR and the Legal Profession", with introductory comments from Mary Walker, chair of the Bar Association’s ADR Committee and closing comments from Gary Ulman, past-president of the Law Society of NSW.

Online Court in the Equity Division of the Supreme Court of NSW

Fri Mar 08 2019

For those members who attended the lunch time CPD on Monday 4 March (flyer attached here) the live links referred to in the handout are below.

There was a technical issue and it was not possible for the electronic version to be made available on the day.

Please email inbrief@nswbar.asn.au if you have any questions.

https://onlineregistry.lawlink.nsw.gov.au/jlink-eservices/eservices/orwUnsecRegistration.do

This is the Online Registry

https://onlineregistry.lawlink.nsw.gov.au/content/

2019 Personal Injury/Common Law Conference - Closing today

Fri Mar 08 2019

Registrations for the 2019 Personal Injury/Common Law Conference will close today. Only limited places are available.

The 2019 Personal Injury and Common Law Conference will be held at the Sheraton Grand Sydney Hyde Park on Saturday 16 March. The conference offers 5 CPD points.

Speakers include:

  • The Hon Justice Stephen Campbell, Supreme Court of NSW
  • His Honour Judge G M Phillips, President, Workers Compensation Commission
  • Dr Allison Silink, University of Technology Sydney
  • Belinda Cassidy, Solicitor, Stacks Goudkamp
  • Kim Garling, Workers Compensation Independent Review Officer
  • Robert Sheldon SC
  • Andrew McSpedden
  • Ross Stanton

Download the full program here - 2019 PI & Common Law Conference

The conference runs from 9:00am to 3.00pm. Morning tea and a stand-up buffet lunch will be provided. For more details about the conference and the costs involved please click here.

Registrations are open to NSW barristers that currently hold a practising certificate and places in the conference are strictly limited. To register and pay to secure your place, please click on any of the "Register Now" buttons located on the dedicated 2019 Personal Injury & Common Law Conference website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department (9223 4919 or cpd@nswbar.asn.au).

2019 Bench & Bar Dinner

Fri Mar 08 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.

Coming up in CPD

Fri Mar 08 2019
Tuesday, March 19 2019 - Duties to consider in administrative law

Presented by Geoffrey Kennett SC and chaired by Neil Williams SC. Learn more here

This seminar has been organised by the NSW Bar Association’s Public Law Section.

Thursday, March 21 2019 - Health and Safety prosecutions in the District Court

Presented by His Honour Judge Andrew Scotting and chaired by Bruce Hodgkinson AM SC. Learn more here.

This seminar has been organised by the NSW Bar Association’s Industrial, Employment, Health & Safety Committee.

Tuesday, March 26 2019 - How to prepare and run an administrative law case

Presented by Neil Williams SC and Joanna Davidson. Chaired by The Hon Justice John Basten, Supreme Court of NSW. Learn more here

This seminar has been organised by the NSW Bar Association’s Public Law Section

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

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

ABA Convergence 2019 Registration now open | Singapore | 11-12 July 2019

Fri Mar 08 2019

The ABA is delighted to announce registration for its Commercial Law conference in Singapore is now open. Open to all members of the Australian and Asia-Pacific legal professions, we invite you to register for what will be an excellent 2-day conference and social program.

Visit the Convergence 2019 website now.

Payment options include credit card or EFT at a later date.

Among the confirmed speakers are:

  • The Hon Susan Kiefel AC, Chief Justice of Australia
  • The Hon Sundaresh Menon, Chief Justice of Singapore
  • The Hon Stephen Gageler AC, High Court of Australia
  • The Hon Andrew Phang, Supreme Court of Singapore
  • The Hon Dr Michael Hwang SC, Dubai International Financial Centre Courts
  • The Hon Craig Colvin, Federal Court of Australia
  • The Hon Jacqueline Gleeson, Federal Court of Australia
  • The Hon A S Bell, President, NSW Court of Appeal
  • The Hon Judith C Kelly, Supreme Court of the Northern Territory
  • The Hon John Vaughan, Supreme Court of Western Australia
  • V. K. Rajah, former Attorney-General of Singapore
  • Judith Gill QC, 20 Essex Street Chambers, London Court of International Arbitration
  • Fedelma C. Smith, Senior Legal Counsel, Permanent Court of Arbitration
  • Kathryn Haigh, General Counsel, AUSTRAC
  • Cameron Ford, Senior Corporate Counsel, Rio Tinto
  • George Lim SC, Chair, Singapore International Mediation Centre
  • Samuel Chacko, Legis Point LLC, Singapore
  • Jimmy Chan, Clifford Chance, Hong Kong
  • Dinesh Dhillon, Allen & Gledhill, Singapore
  • Professor Bryan Horrigan, Dean, Faculty of Law, Monash University
  • Michelle Quigley, Group Manager, Legal & Risk, AusGroup

Registration is available from just $1,990 (excluding flights and accommodation), and a tax invoice will be sent once successfully registered.

Unable to attend? The ABA is also pleased to announce that you can now sponsor a barrister of under 7 years practice to attend the conference.

For more information, please visit the event website or contact the events team at events@austbar.asn.au.

Katrina Dawson Award - applications now open

Fri Mar 08 2019
Diversity

Katrina Dawson was a much-loved member of the New South Wales Bar, where she excelled. She was tragically killed during the Lindt Cafe siege. The Katrina Dawson Award seeks to encourage women to practise at the bar. The award is open to women who have passed the New South Wales Bar exam and committed to enrolling in a Bar Practice Course within 18 months of winning the award. Applications are now open and will close on 15 April 2019. Applications must be submitted online. Learn more here.

Responding to sexual harassment at the Bar seminar series

Thu Mar 07 2019
Part 1 - Wednesday, 13 March
Part 2 - Monday, 18 March

The Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces has highlighted the need for all workplaces, including those of barristers, to address sexual harassment. Barristers and those engaging with barristers are entitled to a safe working environment. A failure to address sexual harassment at the Bar in an effective and appropriate manner may expose individual barristers and their chambers to risk of complaints and litigation.

For further information – see the Law Council of Australia’s submission here.

Please join the NSW Bar Association and Australian Bar Association on Wednesday 13 March and Monday 18 March to discuss sexual harassment at the Bar. These two seminars are intended to provide barristers, clerks and chambers with an overview of the relevant laws and policies together with practical information and strategies to eliminate and respond to sexual harassment. Learn more here:

Both seminars will commence at 5.15pm in the Bar Association Common Room

UNE School of Law teaching positions

Thu Mar 07 2019
Teaching positions available

The University of New England School of Law is seeking to expand their pool of qualified casual academics to teach into their online LLB program. They invite approaches by members willing to share their expertise with the next generation of practitioners by teaching a number of their core and elective units. Current areas of need include: administrative law, property law, contracts, and legal professional practice (inter alia).

If you are proficient in adapting to online software environments, please send a current CV detailing areas of specialisation, academic transcript for LLB or JD (if graduated within past 5 years), and any relevant teaching experience to medgely@une.edu.au or call 6773 2484 for further information.

The UNE School of Law is Australia’s largest provider of online legal education. Their law programs continue UNE’s tradition of combining strong academic credentials with the use of innovative, online teaching technology so that fully online programs are tailored to the needs of the modern off-campus student.

Legal assistance funding needs urgent review, huge budget boost

Thu Mar 07 2019
Law reform and public affairs

The Law Council of Australia have today issued a media release on the dire state of legal assistance funding in Australia.

It has been highlighted as a matter of critical importance in the Law Council of Australia’s 2019-20 Pre-Budget Submission, with a boost of at least $310 million a year required to address critical gaps in the system.

Additional funding should also be provided to introduce Justice Impact Tests, improve resourcing of federal courts, and establish a National Justice Interpreter Scheme, said Law Council President, Arthur Moses SC.

A full copy of the media release is available here.

Equitable briefing of experts

Thu Mar 07 2019
Continuing Professional Development

The Women Barristers Forum and the Diversity and Equality Committee of the Bar Association invite you to a discussion on 14 March 2019 at 5.15pm of the issues associated with equitable briefing of experts. This is a topic that will require attention from members of the Bar and is a focus of increased discussion amongst our instructing solicitors. Please join the Hon. Justice Markovic, Vanessa Whittaker SC (Eleventh Floor), Claire Smith (Clayton Utz) and Rebecca Conoulty (Sapere Forensic) for this CPD. Refreshments will be provided following the panel discussion. As numbers are limited, please register your attendance here.

2019 Regional Conference Series: Register now

Thu Mar 07 2019

Registrations are OPEN for the New South Wales Bar Association 2019 Regional CPD Conferences. For more details about each venue, speakers and the costs involved please click here.

  • Saturday, 23 February 2019 - Newcastle - Program
  • Saturday, 2 March 2019 - North Coast Ballina - Program
  • Saturday, 9 March 2019 – Orange - Program
  • Saturday, 23 March 2019 - Parramatta - Program
  • Saturday, 30 March 2019 – Sydney - Program

The conferences are run by registration only and places in each conference are strictly limited. To register and pay to secure your place, please click on any of the "Register Now" buttons located on the dedicated 2019 Regional Conference Series website.

Further speaker details will be made available over the coming weeks. These will be advertised in In Brief as well as on the NSW Bar Association Website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department on 02 9232 4919 or via e-mail cpd@nswbar.asn.au