InBrief

SEARCH ALL POSTS

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."

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.

Don’t miss out on EOFYS deals for the rise2018 national conference – register now and save!

Fri Jun 15 2018
Conferences

The end of financial year is almost here and registration rates are on sale now for the Australian Bar Association and New South Wales Bar Association’s national legal conference. Click here for a full list of special deals and reduced prices for Australia’s pre-eminent legal conference. Respected Court reporter Jamelle Wells and Prof David Rolph join a stellar speaking line-up and quality conference program. Junior Barristers’ discounts are available for a limited time only – register now and save more than $700!

Apology from BarristerSELECT

Fri Jun 15 2018
A message from President Arthur Moses SC

I have written previously about concerns raised about advertising for the "BarristerSELECT" site. I am pleased to report that an apology has been published to recipients of the initial communication from the owner of the site in the following terms:

As CEO of TA Law Pty Ltd and creator of BarristerSELECT, I wish to apologise for any confusion caused by the email sent to you on 8 December 2017 with the heading, 'Are you aware the way to brief Sydney barristers has changed;' The traditional method of briefing barristers, by either contacting their Clerk or the barrister directly, has not changed. Barristers who are listed with BarristerSELECT may also be briefed in the traditional way.

TA Law has also apologised to the Bar Association "for any confusion caused in listing barristers on the BarristerSELECT website who had not agreed to be so listed" and has informed us that chambers which are not providing the BarristerSELECT service are no longer listed on the website.

Bar Council business for 2017

Fri Jun 15 2018

Bar Council met on: 26 October; 9 November; 16 November; 7 December; and 14 December 2017 in the boardroom of the New South Wales Bar Association. Matters reported elsewhere in In Brief are omitted from these summaries of Bar Council business. Bar Council regularly considers requests by the attorney general, the courts and other agencies for advice on proposed legislation. Because that advice is sought on a confidential basis, it is not noted here. Any member interested in a particular matter should contact the executive director.

Workers compensation indexation

Fri Jun 15 2018

The Workers Compensation (Indexation of Amounts) Amendment Order (No 2) 2018 (NSW) commenced today, 15 June 2018. Learn more here.

New UCPR form

Fri Jun 15 2018

On 13 June 2018, the Uniform Rules Committee approved the creation of a new UCPR form: 161 – Service outside the jurisdiction. Under rule 11.7 of the UCPR, notice must be served when an originating process is served on a defendant who is ordinarily resident outside of Australia. Form 161 contains the notice that must be served and has been adapted from a form approved by the Harmonisation Committee. Approved civil forms are available for the UCPR website.

LCA Update

Fri Jun 15 2018

The Law Council Update for 15 June 2018 is out now, featuring articles on the LCA's response to the Family Law Review, the IBA Bar Leaders' Conference and the National Redress Scheme for survivors of institutional child sexual abuse. Catch up on upcoming events, submissions to parliamentary committees and other inquiries, as well as LCA media releases and mentions in the media. Learn more here.

Bar FC storms home 5-0 against BT in the DSL

Thu Jun 14 2018
Wellbeing

Sir Alex was away again, but Bar FC were keen to progress out of the 5th position against an under-strength BT, who are in 4th position. A cross from Chadd to Anthony Canceri saw Bar FC score its first goal after only 4 minutes of play. Two minutes later, Di Michiel had a shot at goals and narrowly missed.

Canceri soon found the back of the net, then headed a ball in to complete his trifecta for the afternoon. Di Michiel, not to be denied, also added to the Bar’s tally with a goal. Hartford Davis scored the 5th and final goal for Bar FC, via a pass from D’Arville. Notable in defence were Larish & Olson. D’Arville was dominant in the midfield, and Free had a great game up front.

Five-nil is a great result (although Harris claims that if we had had Patch on the field, it would have been 10-0). Today’s outcome sees Bar FC slot into 4th position on the table.

The team today was:

  • Hartford Davis (C)
  • Di Michiel
  • Chadd
  • Anthony Canceri
  • Jedrzejczyk
  • Free
  • D’Arville
  • Harris (GK)
  • Compton
  • Boyle
  • Olson
  • Larish
  • O’Shea

Bar FC’s next outing is against Pendal FC at 1.15 pm on Thursday, 21 June 2018 in the Domain. All supporters welcome.

Malaysian Bar "glad to note" resignation of CJ and president of the Court of Appeal

Thu Jun 14 2018

The Malaysian Bar has issued a media release welcoming the resignation of chief justice of the Federal Court of Malaysia and the president of the Court of Appeal as a "precursor to judicial reform". It noted that both resigned "well before the completion of their terms of office", and "since no reason has (to our knowledge) been provided, it can be presumed that they now concede that their appointments as CJ and PCA are in breach of the Federal Constitution". Learn more from the Malaysian Bar website.

St Thomas More Society Patronal Feast Day Dinner

Thu Jun 14 2018
Collegiality

The Hon Michael Finnane QC will be the guest speaker at the St Thomas More Society’s Patronal Feast Day Dinner on Friday, 22 June 2018 from 7.15pm at the Union, University and Schools Club. All are warmly invited to attend. For more details and to book, please go to www.stms.org.au

2018 Tutors & Readers Dinner - RSVPs close at 6pm tonight

Thu Jun 14 2018
Collegiality

2/17 and 1/18 Readers and their Tutors are invited to attend the 2018 Tutors & Readers Dinner. The dinner will be held in the Establishment Ballroom on Friday, 22 June at 7.00pm for 7.30pm. Dress for the evening is business attire. The Guest of Honour is Her Hon Judge Julia Baird and the Reader Speaker is Tim Senior. RSVP’s are required by Thursday 14 June. For further details and to RSVP for the dinner, please click here.

The 2018 Tutors & Readers Dinner is kindly supported by Bar Cover.

Increase in rate of remuneration for Costs Assessors

Thu Jun 14 2018

In a recent consultation process, the NSW Bar Association (through the work of its Costs and Fees Committee) made a submission to the Department of Justice seeking an increase in the rate of remuneration of Costs Assessors, which had remained substantively unchanged since 1995.

The Attorney General has now signed a determination increasing the rate of remuneration of Costs Assessors from $175 to $285 per hour ex GST. The determination was made after considering the Association’s submission, submissions from other professional organisations, and the 2011 report of the Chief Justice’s Review of the Costs Assessment System.

The increase will take effect from 1 July 2018. The rate will be reviewed again after twelve months.

Coming up in CPD tonight

Thu Jun 14 2018

Thursday, June 14 2018 - Issues in Securities Class Actions

Presented by Jeremy Kirk SC and Perry Herzfeld. Commentary by The Hon Peter Jacobson QC. Chaired by Ruth Higgins SC. For full details, please download a flyer here.

This seminar has been organised by the Commercial Law Section.

This seminar commences at 5.15pm in the Bar Association Common Room.

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