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New Crown Solicitor for New South Wales

Tue Apr 16 2019
Media Release

Attorney General Mark Speakman announced yesterday the appointment of Ms Karen Smith as NSW Crown Solicitor.

"Ms Smith commenced her appointment today and is the second woman to be named Crown Solicitor in NSW. She succeeds Ms Lea Armstrong who was appointed as a Supreme Court judge and President of the NSW Civil and Administrative Tribunal in October last year,” Mr Speakman said.

A full copy of the media release is available here.

Inclusion and diversity at the NSW Bar - Note No.1

Mon Apr 15 2019
Diversity

The Diversity & Equality Committee of the New South Wales Bar Association welcomes any questions members may have about diversity and inclusion initiatives. Each week the Committee will seek to address queries or bring you updates on its latest activities through a note in InBrief.

The Diversity & Equality Committee meets once a month and is working on initiatives under the following themes:

  • Ageing at the NSW Bar;
  • Challenges for readers and inclusion;
  • Flexible working arrangements and family responsibilities;
  • Sexual harassment;
  • Unconscious bias;
  • Cultural diversity;
  • Diversity & inclusion from a clerks perspective;
  • Best practice Guidelines;
  • Equitable briefing;
  • Diversity advocates and role models we can see; and
  • LGBTI inclusion.

You may send your questions into the Chair of the Diversity & Equality Committee, Ms Kate Eastman SC or the Association’s Senior Policy Lawyer, Ms Ting Lim.

In the meantime, please keep your eye out for the next edition of Bar News, a special diversity edition.

Just Art visual arts competition – entries open

Mon Apr 15 2019
Philanthropy

The Law Society of New South Wales invites legal practitioners to swap their brief for a blank canvas by creating an artwork on the theme of ‘justice’. Enter online before 30 June. Have an eye for art but not the artistic touch? Support your colleagues by attending the Just Art Exhibition at the Law Society from 20-23 August. Finalist artworks will be on sale to raise money for the 2019 Law Society President’s charity, Our Watch.

STEP NSW Seminar

Mon Apr 15 2019

You are invited to an address by Noel Davis, LLB AAII, Barrister, who will be presenting on "Appeals to the Superannuation Tribunals against trustees' decisions". Now a barrister, Noel Davis has been honourably recognised with experience at the very top in superannuation, financial services, taxation and life insurance. He has been at the very forefront of everything super since its modern existence in Australia. Relevant for this address Noel Davis was a Part-time member, from 2005 to 2018, of the Superannuation Complaints Tribunal, deciding superannuation and life insurance related disputes. For more information or to book your ticket to our April event, click here.

STEP NSW Seminar 2019 in the Banco Court 17 April from 5:30pm-7pm.

Swearing-in ceremony for Wendy Abraham QC

Mon Apr 15 2019
Appointments

Wendy Abraham QC has been appointed as a judge of the Federal Court of Australia, effective 7 May 2019. A ceremonial sitting will be held on Tuesday, 7 May 2019 at 9.30am in Court 1, Level 21, Queens Square, Sydney. Michael McHugh SC will speak on behalf of the Australian and New South Wales Bar Associations. Barristers should wear robes, but not wigs.

2019 Tutor Seminar

Mon Apr 15 2019
Continuing Professional Development

The tutor and reader relationship is an important and formative institution for successful practice at an independent bar. All members are invited to attend a seminar on Wednesday, 1 May 2019 at 12.45pm where Robert Hollo SC, Michael Fordham SC and Surya Palaniappan will present a review of the Reader/Tutor Guideline which provide information and assistance on several aspects of the relationship and which are intended to promote the objectives of the Reading Program.

The pre-requisites for being a potential tutor are set out in the Bar Association's Tutor Policy. When a member takes on the role of tutor it is a requirement that they attend a compulsory CPD seminar relating to the Tutor Handbook and Tutor & Reader Guidelines. Attendance at this session will satisfy the condition of eligibility for tutors as resolved by Bar Council in February 2016.

REGISTRATION IS REQUIRED - To register please click here.

All tutors who have satisfied this requirement will be included on the list of tutors on the Bar Association's website.

AAWJ - Invitation to attend a screening of the movie The Judge

Fri Apr 12 2019

The Australian Association of Women Judges invites you to attend a screening of the movie The Judge, which follows one of the first female judges to serve in an Islamic court of law. It has been described as “an intimate profile of Kholoud al-Faqih, who in 2009 was one of two women appointed to preside over a sharia court in the West Bank — becoming the first in that role in the Palestinian territories and still among only a few such female judges in the world.”

Date: Thursday, 9 May 2019 Screening 5.15pm for a screening start at 5.45pm Venue: ACT Law Courts, 4 Knowles Place, Canberra City, Level 1 - Jury Assembly Room
Pre Screening: Informal Drinks and Nibbles, Ice Cream for screening

Registrations are essential. For more information and for details on how to register please click here.

Mentoring Program 2019 - closing today

Fri Apr 12 2019
Mentoring

Since 2014 the Bar Association has offered junior barristers in their second year at the bar an opportunity to receive guidance and support from leaders in the profession. For senior barristers, the program is an opportunity to develop effective leadership skills and encourage and support emerging talent at the New South Wales Bar. For more information about the benefits of the mentoring program please click here.

The program has been designed in conjunction with Art of Mentoring and the NSWBA Education Committee. If you wish to nominate yourself as a mentee or mentor please read and complete the online application form. Applications close Friday 12 April 2019.

If you would like to know more, or are unsure if this program is suitable for you, you are invited to contact Program Manager, Danita Needleman (mailto:danita@artofmentoring.net "") or NSW Bar Association's Professional Development Director, Bali Kaur for further information.

2019 Maurice Byers Annual Lecture

Fri Apr 12 2019
At the lectern

The 2019 Maurice Byers lecture will be given by the Hon Justice Walter Sofronoff, president of the Queensland Court of Appeal. The lecture titled “The Constitutional Significance of the Barrister in Australia” will be held on 29 August in the Common Room of the NSW Bar Association. All are welcome to attend.

Katrina Dawson Award - applications closing soon

Fri Apr 12 2019
Last days

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.

Mullenjaiwakka (1939-2019)

Fri Apr 12 2019
Vale

The service to celebrate the life of Mullenjaiwakka Lloyd McDermott will be held on Tuesday 16th April, at 11.00am at Randwick Golf Club, 1 Howe St Malabar NSW 2036.

Following the service, the Family will travel to Botany Cemetery for a Traditional burial. Guests are welcome to attend the burial, before returning to the Golf Club for the wake.

Alternatively, guests are more than welcome to stay at the Golf Club, where a short documentary of Mullenjaiwakka’s life will run and light refreshments served. Once the Family has returned from the burial, the wake will formally commence.

In lieu of flowers the family has asked for donations, which are tax-deductible, to be directed to the Lloyd McDermott Rugby Development Team, via this link.

Mullenjaiwakka Trust Any person interested in contributing to the Mullenjaiwakka Trust should contact the Bar Association of Queensland 07 3238 5100. All donations are tax deductible.

Envelopes will also be provided on the day.

Fortnightly update

Fri Apr 12 2019

The LCA have today published their fortnightly newsletter. A full copy is available here.

Resourcing, consultation key to improve family law

Thu Apr 11 2019
Law reform and public affairs

The Law Council of Australia has today issued a media release stating that it will carefully consider recommendations by the Australian Law Reform Commission’s (ALRC) Family Law for the Future – An Inquiry into the Family Law System report (available here) but warned immediate solutions are required to ease pressures on the Family Court and Federal Circuit Court for the good of Australian families.

A copy of the full media release is available here.

Mullenjaiwakka (1939-2019)

Thu Apr 11 2019
Vale

The service to celebrate the life of Mullenjaiwakka Lloyd McDermott will be held on Tuesday 16th April, at 11.00am at Randwick Golf Club, 1 Howe St Malabar NSW 2036.

Following the service, the Family will travel to Botany Cemetery for a Traditional burial. Guests are welcome to attend the burial, before returning to the Golf Club for the wake.

Alternatively, guests are more than welcome to stay at the Golf Club, where a short documentary of Mullenjaiwakka’s life will run and light refreshments served. Once the Family has returned from the burial, the wake will formally commence.

In lieu of flowers the family has asked for donations, which are tax-deductible, to be directed to the Lloyd McDermott Rugby Development Team, via this link.

Mullenjaiwakka Trust Any person interested in contributing to the Mullenjaiwakka Trust should contact the Bar Association of Queensland 07 3238 5100. All donations are tax deductible.

Envelopes will also be provided on the day.

2019 Bench & Bar Dinner

Thu Apr 11 2019
Almost sold out

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.

2019 Maurice Byers Annual Lecture

Thu Apr 11 2019
At the lectern

The 2019 Maurice Byers lecture will be given by the Hon Justice Walter Sofronoff, president of the Queensland Court of Appeal. The lecture titled “The Constitutional Significance of the Barrister in Australia” will be held on 29 August in the Common Room of the NSW Bar Association. All are welcome to attend.

Mentoring Program 2019 - closing tomorrow

Thu Apr 11 2019
Mentoring

Since 2014 the Bar Association has offered junior barristers in their second year at the bar an opportunity to receive guidance and support from leaders in the profession. For senior barristers, the program is an opportunity to develop effective leadership skills and encourage and support emerging talent at the New South Wales Bar. For more information about the benefits of the mentoring program please click here.

The program has been designed in conjunction with Art of Mentoring and the NSWBA Education Committee. If you wish to nominate yourself as a mentee or mentor please read and complete the online application form. Applications close Friday 12 April 2019.

If you would like to know more, or are unsure if this program is suitable for you, you are invited to contact Program Manager, Danita Needleman (mailto:danita@artofmentoring.net "") or NSW Bar Association's Professional Development Director, Bali Kaur for further information.

Tonight: Bail Application Advocacy in the Supreme Court of New South Wales

Thu Apr 11 2019
Continuing Professional Development

Please join the Women Barristers Forum for the second CPD seminar in the WBF’s Advocacy Skills Series. The seminar titled 'Bail Application Advocacy in the Supreme Court of New South Wales' will provide observations from the Bench and Bar on successful bail application advocacy in the Supreme Court of New South Wales.

  • Panel: The Hon Justice Helen Wilson (Supreme Court of New South Wales) and Gabrielle Bashir SC (Forbes Chambers)
  • Chair: Brin Anniwell (7 Wentworth Selborne)
  • Time: 5:15pm (1 hour)
  • Location: NSW Bar Association Common Room

For further information, please click here.

Australian Law Reform Commission review of the family law system

Wed Apr 10 2019
Law reform and public affairs

Attorney-General, Christian Porter, has today publicly released the Australian Law Reform Commission's (ALRC) final report into the Family Law System after it was tabled in Federal Parliament today.

A full copy of the Attorney General's media release is available here.

The final report, as well as further information about the review, is also available on the ALRC’s website, click here.

Convergence 2019: The world class conference for litigators

Wed Apr 10 2019
Singapore 11-12 July 2019

The ABA is going to Singapore for its biennial international conference. 2019 will focus on Commercial Law and International Arbitration.

Online registration has now launched and there has been a strong response from not only the Bar but also the wider legal profession.

We invite you and your colleagues to register today to secure your place at this world-class commercial law conference.

Attached you will find a copy of the latest printable program and speaker flyer is available here. Remember: Early Bird Pricing closes 8 May 2019.

Register Now & Request a Quote to Fly with Singapore Airlines⁠ Flying with Singapore Airlines Singapore Airlines is delighted to offer ABA delegates (and their families) from 9-20% off the best available fares* across economy to first class. See attached flyer with current estimated fares on Singapore Airlines after discount.
Secure your flight to Convergence today by requesting a quote during online registration or emailing Spencer Travel (e: mice@spencertravel.com.au) with your requirements. And remember: Singapore Airlines will honour this discount should you wish to fly on to further destination.

We do look forward to welcoming you to Singapore.

Learned Friends Conference - Seville/Lisbon

Wed Apr 10 2019
Conference

In August 2019 (19 – 26 August) Learned Friends is holding a Conference in Seville/Lisbon. Speakers include Judge Dina Yehia SC, Mark Robinson SC, Suzanne Christie SC and Kim Morrissey. Please note that Seville and Lisbon are popular destinations and as such flights and accommodation will be limited and early bookings are recommended.

For more information visit their website www.learnedfriends.com.au or email admin@learnedfriends.com.au.

Large room for Sale on Second Floor Wentworth

Wed Apr 10 2019
Member services and benefits

A large room (1 and 1/3, 4000 shares in CCL) on the eastern side of Second Floor Wentworth Chambers is available for purchase. It would suit a silk or senior junior.

The room has original parquetry flooring and some built in shelving and cupboards. Current CCL Maintenance Contributions are $1,552.86 pm (incl GST) and floor fees are $2,093.85 pm (incl GST).

The floor is fully networked to CCL, uses its VOIP telephone system, and has its own website and electronic diary management by the Clerk. Common areas of the floor were refurbished three years ago. There is easy access to the Bar Library, Bar and Law Society Dispute Resolution rooms and Federal and Supreme Courts.

The floor currently comprises 2 silks, 17 juniors and 2 readers. Members have strong practices across a range of jurisdictions and the floor is harmonious.

The room may be inspected by prior arrangement with the clerk on 9232 4466 or clerk2@wentworthchambers.com.au. Price reduced - $215,000. Click here to see photos.

All enquiries will be dealt with in the strictest confidence.

Mentoring Program 2019 - Mentors needed

Wed Apr 10 2019
Mentoring

Since 2014 the Bar Association has offered junior barristers in their second year at the bar an opportunity to receive guidance and support from leaders in the profession. For senior barristers, the program is an opportunity to develop effective leadership skills and encourage and support emerging talent at the New South Wales Bar. For more information about the benefits of the mentoring program please click here.

The program has been designed in conjunction with Art of Mentoring and the NSWBA Education Committee. If you wish to nominate yourself as a mentee or mentor please read and complete the online application form. Applications close Friday 12 April 2019.

If you would like to know more, or are unsure if this program is suitable for you, you are invited to contact Program Manager, Danita Needleman (mailto:danita@artofmentoring.net "") or NSW Bar Association's Professional Development Director, Bali Kaur for further information.

Amendments to the Uniform Civil Procedure Rules

Tue Apr 09 2019
Practice and procedure

On 1 April 2019, the Uniform Rules Committee approved Amendments No 89 and 90 to the Uniform Civil Procedure Rules and an amendment to form 5.

Amendment No 89: The amendment is to rules 6.8, 36.8 and 39.3, and creates rule 36.8A.
These rules relate to the provision of notice to occupiers in possession of land proceedings. The amendment provides for notification to occupiers when interstate judgments for possession of land are registered in New South Wales. Please note that the amendment commenced and was published on the NSW Legislation Website on 5 April 2019.
Attached here is a copy of amendment number 89.

UCPR Form 5: On 1 April 2019, the Uniform Rules Committee approved an amendment to UCPR form 5 – Notice to Occupiers.

An amendment was made to enable notice to be served on occupiers when interstate judgments for possession of land are registered in New South Wales in accordance with the newly created rule 36.8A. Version 3 of form 5 has been published at www.ucprforms.justice.nsw.gov.au. Attached here is a copy of the form.

Amendment No 90: The amendment is to rules 49.19 and 49.20.
These rules deal with applications to review directions, certificates, orders, decisions and other acts of a registrar. The amendment provides that decisions of the registrar of the court under clause 11 (1) of the Civil Procedure Regulation 2017 are not reviewable by a court under Division 4 of Part 49 of the Rules. Furthermore, the contents of rules 49.19 and 49.20 have been rearranged to make it easier to locate the limitations to the review power. Please note that the amendment commenced and was published on the NSW Legislation Website on 5 April 2019.
Attached here is a copy of amendment number 90.

Amendment to the Supreme Court (Corporations) Rules 1999

Tue Apr 09 2019
Practice and procedure

On 1 April 2019, the Supreme Court Rules Committee approved Amendment No 14 to the Supreme Court (Corporations) Rules 1999. The amendment updates the Rules in respect of changes made by the Insolvency Law Reform Act 2016 (Cth) and also returns the Rules to substantial consistency with the Federal Court (Corporations) Rules 2000.

The amendment was published on the NSW Legislation Website and commenced on 5 April 2019.

Attached here is a copy of the amendment.