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Crisis in Legal Aid

Mon Apr 09 2018
Law reform and public affairs

On Wednesday, 18 April 2018 the Bar Association will host a seminar to highlight the decline in funding for Legal Aid in NSW. It has been 11 years since the last increase in Legal Aid rates for counsel in NSW. During that time, funds for preparation of matters have decreased even whilst pre-trial procedural requirements have increased. This seminar will look at what steps the Bar Association is taking, and can take, to prevent the situation from worsening. Learn more here.

Save the date: the inaugural Bathurst Lecture

Mon Apr 09 2018

On 3 May 2018, the Commercial Law Section will be holding its flagship event for the year, the inaugural Bathurst lecture, named in honour of the Hon T F Bathurst AC, Chief Justice of NSW.

The speaker will be the Hon Murray Gleeson AC QC, former Chief Justice of Australia and Chief Justice of NSW. He is speaking on the topic: “Advocate, Judge and Arbitrator: Perspectives on Commercial Law.” For full details, please download a flyer.

The lecture will take place at The Banco Court, Level 13, Supreme Court of NSW, Law Courts Building, Queens Square at 5:15 pm.

Coming up in CPD tonight

Mon Apr 09 2018

Monday, April 09 2018 - The Structure and Themes of the ICAC

Presented by The Hon Peter Hall QC, Chief Commissioner ICAC. Chaired by Arthur Moses SC. Details to follow

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

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

COMING UP IN CPD

Fri Apr 06 2018

Monday, April 09 2018 - The Structure and Themes of the ICAC

Presented by The Hon Peter Hall QC, Chief Commissioner ICAC. Chaired by Arthur Moses SC. For full details, please download a flyer here.

Tuesday, April 10 2018 - The State of the Family Law System

Presented by Michael Kearney SC, Chair of the Family Law Committee, The Honourable Stephen O’Ryan QC, Greenway Chambers and Suzanne Christie, Culwulla Chambers. Chaired by Arthur Moses SC, President of the NSW Bar Association. Please note, this seminar commences at 5.45pm. For full details, please download a flyer here.

Refreshments will be served at the conclusion of the seminar to provide an opportunity for members of the bench and bar to connect.

This seminar has been organised by the Family Law Committee.

Wednesday, April 11 2018 - Recent developments in Corporations and Insolvency law

Presented by The Honourable Justice Ashley Black and chaired by Robert Glasson. For full details, please download a flyer here.

Monday, April 16 2018 - The Mindful Barrister

Presented by James Donald Ph.D, Lecturer in Leadership and Management at the University of Sydney. Comments provided by Chris O’Donnell SC, Nick Poynder and Theresa Baw. Chaired by Kylie Nomchong SC. For full details, please download a flyer here.

This seminar has been organised by the Health and Wellbeing Committee.

Wednesday, April 18 2018 - Crisis in Legal Aid

Presented by Emmanuel Kerkyasharian. Panelists Dean Jordan SC, David Price and Clyllyn Sperling. Chaired by Tim Game SC. For full details, please download a flyer here.

This seminar has been organised by the Legal Aid Committee.

Thursday, April 19 2018 - Concurrent evidence: Giving evidence in the “hot tub”

A panel discussion with leading clinical and forensic psychiatrists’ Dr Lisa Brown and Dr Jonathan Phillips. Moderated by Richard Weinstein 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.

Screening visitors entering the High Court building in Canberra

Fri Apr 06 2018

In October 2017 the High Court introduced screening of visitors entering the High Court building in Canberra. At that time, as an interim measure, legal practitioners attending the building for hearings were excluded from the screening regime provided they used the entrance formerly identified as the Practitioners’ Entrance and showed photo identification at the security centre on arrival.

From Monday, 9 April 2018 screening will be extended to all visitors to the building, including legal practitioners.

All practitioners entering the building will need to use the ground level main entrance and pass through the screening point, regardless of the time of their arrival.

The list of practitioners attending each hearing will be provided to the security guards at the screening point. Practitioners may enter the building between 8:00am and 6:00pm. Practitioners arriving outside the public opening hours (9:45am to 4:30pm) will need to show photo identification at the screening point.

Items larger than airline carry-on luggage size will not be permitted in the building. Practitioners should make arrangements for larger luggage to be stored elsewhere before arriving at the High Court building.

Any questions may be directed to the Senior Registrar, Carolyn Rogers, by telephoning (02) 6270 6862 or by emailing crogers@hcourt.gov.au.

The Mindful Barrister - 16 April in the Common Room

Fri Apr 06 2018
Wellbeing

Mindfulness describes a particular way of paying attention, and is receiving wide interest across organisations seeking to meet the challenges of an ‘always-on’ culture. Barristers face stressful and sometimes overwhelming work demands and mindfulness meditation can be utilised in addressing these challenges. The Wellbeing Committee has organised 'The Mindful Barrister', an interactive presentation on Monday, 16 April 2018 at 5.15pm in the Common Room, to provide an overview of the science of how mindfulness reduces stress and enhances focus, introduce the practice of mindfulness meditation, and explore ways in which mindfulness can be incorporated into daily life and work.

Crisis in Legal Aid

Thu Apr 05 2018

On Wednesday, 18 April 2018 the Bar Association will host a seminar to highlight the decline in funding for Legal Aid in NSW. It has been 11 years since the last increase in Legal Aid rates for counsel in NSW. During that time, funds for preparation of matters have decreased even whilst pre-trial procedural requirements have increased. This seminar will look at what steps the Bar Association is taking, and can take, to prevent the situation from worsening. Learn more here.

Trust money account – Fees in advance – External Examination report due 7 June 2018

Thu Apr 05 2018

Any barrister who has, in the period in the period 1 April 2017 to 31 March 2018, received fees in advance – that is, as described in the Legal Profession Uniform Law Application Regulation 2015 (the LPULAR), money on account of legal costs for legal services in advance of the provision by the barrister of the legal services – must appoint an External Examiner to carry out an examination of the clause 15 account for the period 1 April 2017 to 31 March 2018. Clause 15(2) of the LPULAR also requires that a copy of the External Examination report be provided to the Bar Council by no later than 7 June 2018. The External Examination report template, which has been amended from 2017, is available on the Bar Association’s website under the heading ‘Fees in Advance’ here. It is essential that a barrister who receives fees in advance examines clause 15 of the LPULAR in detail. Links to the legislation can be found on the Bar Association website at the following link.

Barristers who have previously notified the Bar Association of the opening of a trust money account have been sent letters containing instructions on how to appoint an External Examiner.

Any questions? Please contact the Bar Association’s Legal Officer, Angela Huang, on (02) 9232 4055 or pcd@nswbar.asn.au.

COMING UP IN CPD - NEW SEMINARS ADDED

Thu Apr 05 2018

Monday, April 09 2018 - The Structure and Themes of the ICAC

Presented by The Hon Peter Hall QC, Chief Commissioner ICAC. Chaired by Arthur Moses SC. Details to follow.

Tuesday, April 10 2018 - The State of the Family Law System

Presented by Michael Kearney SC, Chair of the Family Law Committee, The Honourable Stephen O’Ryan QC, Greenway Chambers and Suzanne Christie, Culwulla Chambers. Chaired by Arthur Moses SC, President of the NSW Bar Association. Please note, this seminar commences at 5.45pm. For full details, please download a flyer here.

Refreshments will be served at the conclusion of the seminar to provide an opportunity for members of the bench and bar to connect.

This seminar has been organised by the Family Law Committee.

Wednesday, April 11 2018 - Recent developments in Corporations and Insolvency law

Presented by The Honourable Justice Ashley Black and chaired by Robert Glasson. For full details, please download a flyer here.

Monday, April 16 2018 - The Mindful Barrister

Presented by James Donald Ph.D, Lecturer in Leadership and Management at the University of Sydney. Comments provided by Chris O’Donnell SC, Nick Poynder and Theresa Baw. Chaired by Kylie Nomchong SC. For full details, please download a flyer here.

This seminar has been organised by the Health and Wellbeing Committee.

Thursday, April 19 2018 - Concurrent evidence: Giving evidence in the “hot tub”

A panel discussion with leading clinical and forensic psychiatrists’ Dr Lisa Brown and Dr Jonathan Phillips. Moderated by Richard Weinstein 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.

Law reporting function

Wed Apr 04 2018
Law reporting

The Consultative Council of Australian Law Reporting invites interested members of the New South Wales Bar to attend a function welcoming the Incorporated Council of Law Reporting for England and Wales, which is visiting Australia in May 2018. The event will be held on Level 20 of the Law Courts Building on Tuesday, 8 May 2018 from 5.30pm-7.30pm.

The Consultative Council, together with the NSW and Victorian Councils for Law Reporting will showcase how the law reporting bodies are embracing new technology and responding to new ways of accessing legal information. The event is free but for catering purposes please email your name to autumndrinks2018@littlewilliam.com.au by 17 April 2018.

Tonight: First World War commemoration

Wed Apr 04 2018

This evening at 5.15 pm the Forbes Society will host a commemoration of the First World War heroism of a barrister and a solicitor, both from NSW. The Hon Justice Slattery, a longstanding Forbes Society member and Judge Advocate General of the Australian Defence Force, will speak on Percy Valentine Storkey VC and Doug Humphreys. The President of the Law Society, will tell the story of solicitor Charles Melville Macnaghten CMG. Learn more here.

Over-worked, under-resourced judiciary at breaking point

Tue Apr 03 2018
Wellbeing

The Age has reported on the sudden death of a Victorian magistrate, Stephen Myall. Bar Association President Arthur Moses SC, commenting via Twitter, described the tragedy as "a sombre reminder for heads of jurisdiction and A-Gs of the work pressures of an under-resourced and over-worked Australian judiciary." Learn more here.

Katrina Dawson awarded a Bravery Medal

Tue Apr 03 2018

The Australian Bravery Decorations were announced on 29 March by Governor-General Sir Peter Cosgrove AK MC and Katrina Dawson received a Bravery Medal for her conduct during the Lindt Cafe Siege, which ended on 16 December 2014. Her citation notes:

... Ms Dawson remained calm and composed when interacting with the gunman and carrying out his demands. At one point it appeared that the offender indicated that Ms Dawson could leave the cafe, however without consideration for her own safety she appealed to, and bargained with, the offender to also release another hostage. When he refused, Ms Dawson continued to provide genuine support to other hostages throughout the ordeal.

The cafe manager, Tori Johnson, received the Star of Courage. The governor-general's citation says: "Without regard for his own safety he continued to calmly obey the gunman's demands in an attempt to protect the other hostages."

Read the announcement in the Sydney Morning Herald or visit Governor-General Sir Peter Cosgrove's announcement here.

Katrina Dawson Award - application period extended to midnight on 6 April

Tue Apr 03 2018
Awards

The application period for the Katrina Dawson Award has been extended and will now close at midnight on Friday, 6 April 2018. Applications must be submitted online. Learn more here.

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.

The Secret Barrister tells it like it is

Tue Apr 03 2018
Wellbeing

The Guardian has reported on a new book by an anonymous English barrister, which describes how funding cuts have brought the UK criminal justice system to its knees, resulting in miscarriages of justice. The Criminal Bar Association has raised the funds to distribute a copy of the book to all 650 members of the House of Commons. Learn more here.

NSW Bar is committed to pro bono work

Tue Apr 03 2018
A statement from President Arthur Moses SC

The NSW Bar has concerns about the ‘family law callover’ to be conducted in the Sydney Registry of the Federal Circuit Court in April 2018. Pro bono work cannot be used as a substitute for the funding of the Federal Circuit Court and legal aid system for those in need of family law assistance. Long term not band aid solutions are needed otherwise families will suffer. View a media statement issued by President Arthur Moses SC on Saturday, 31 March.

Save the date: the inaugural Bathurst Lecture

Tue Apr 03 2018

On 3 May 2018, the Commercial Law Section will be holding its flagship event for the year, the inaugural Bathurst lecture, named in honour of the Hon T F Bathurst AC, Chief Justice of NSW.

The speaker will be the Hon Murray Gleeson AC QC, former Chief Justice of Australia and Chief Justice of NSW. He is speaking on the topic: “Advocate, Judge and Arbitrator: Perspectives on Commercial Law.” For full details, please download a flyer.

The lecture will take place at The Banco Court, Level 13, Supreme Court of NSW, Law Courts Building, Queens Square at 5:15 pm.

Western Sydney deserves equal access to justice

Thu Mar 29 2018
Law reform and public affairs

The Parramatta Advertiser has published an opinion piece by President Arthur Moses SC, which calls upon state and federal governments to end the chronic under-resourcing of courts in western Sydney, particularly the Parramatta Registry of the Family Court and the Federal Circuit Court.

"The time has come for the justice system to provide equal access to the people of Western Sydney. This means both State and Federal Governments spending the taxes of Western Sydney residents on a justice system to serve them in Western Sydney", Mr Moses concluded.

New Indigenous court must be a priority

Thu Mar 29 2018
Law reform and public affairs

In the wake of this week's ALRC report on Indigenous incarceration, The Australian today published an opinion piece by President Arthur Moses SC urging the NSW Government to adopt the commission's recommendations, particularly insofar as they support the establishment of the NSW Walama Court.

"The model involves community participation and greater supervision resulting in reduced recidivism and increased compliance with court orders to better protect the community. It is not a “soft on crime” initiative but rather a more effective manner to supervise offenders post-sentence which would enhance rehabilitation and prevent re-offending", Mr Moses said.

Read the text of the article here.

NEW! Childcare available at The Pavilion located at 126 Phillip Street

Thu Mar 29 2018
Member services and benefits

The NSW Bar Association childcare offering has expanded to The Pavilion Centre located at level 4, 146 Phillip Street. Guardian Early Learning Group is now taking enrolments for children and grandchildren of NSW Bar Association members and Chambers staff at the Pavilion and the two other centres in the Sydney CBD (Castlereagh Street Early Learning Centre located at 9 Castlereagh Street and Little Steps Early Learning Centre, located at 1 Bligh Street).

NSW Bar Association members and Chambers staff receive priority for a limited number of guaranteed places.

More information about the Pavilion centre is available here. More information about the childcare offering in general is available on our website.

Save the date: the inaugural Bathurst Lecture

Thu Mar 29 2018

On 3 May 2018, the Commercial Law Section will be holding its flagship event for the year, the inaugural Bathurst lecture, named in honour of the Hon T F Bathurst AC, Chief Justice of NSW.

The speaker will be the Hon Murray Gleeson AC QC, former Chief Justice of Australia and Chief Justice of NSW. He is speaking on the topic: “Advocate, Judge and Arbitrator: Perspectives on Commercial Law.” For full details, please download a flyer.

The lecture will take place at The Banco Court, Level 13, Supreme Court of NSW, Law Courts Building, Queens Square at 5:15 pm.

Access to digital assets after death

Thu Mar 29 2018
Law reform and public affairs

The NSW Law Reform Commission will review and report on the question of access to digital assets upon a person’s death or incapacity. The commission invites preliminary submissions from interested stakeholders. The deadline for preliminary submissions is Friday, 1 June 2018. For further details, including the terms of reference and background materials, please visit the NSWLRC website.

ALRC inquiry findings back calls for a new Indigenous court in NSW

Wed Mar 28 2018
Law reform and public affairs

The Australian Law Reform Commission’s report Pathways to Justice— An Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples was released today. President Arthur Moses SC has welcomed the report, describing it as "a comprehensive blueprint for urgent action to address the shameful over-representation of Aboriginal and Torres Strait Islander people in our prisons". He called for "swift and decisive action" from the Commonwealth, state and territory governments to ensure its recommendations are implemented. View the Bar Association's media release here.