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Coronial Process must be respected

Wed Oct 16 2019

President Tim Game SC has today issued a media release stating media commentary regarding a leaked draft report of the Deputy State Coroner in relation to the current inquest in relation to festival deaths is premature and fails to respect the coronial process.

“The Coroner’s role is to investigate the circumstances of certain deaths and make any relevant recommendations for systemic change to Government. It is then wholly a matter for Government as to how those recommendations are dealt with” Mr Game said.

A full copy of the media release is available here.

Fundraiser for the Indigenous Barristers Trust - The Mum Shirl Fund

Wed Oct 16 2019
Philanthropy

The First Nations Committee will host a fundraiser on 20 November from 5.00pm at the Public Defenders Chambers, 23/1 Oxford Street. Try some bush tucker and wines by First Nations wine makers. There will be First Nations art & jewellery for sale and up for raffle. Have fun and raise funds for the Indigenous Barristers Trust The Mum Shirl Fund, an important NSW Bar Association venture. Full details and tickets will be available next week.

Drinks for new women silks

Wed Oct 16 2019
Register now

Celebrate the appointment of Tiffany Wong SC, Elizabeth Raper SC, Jennifer Single SC, Tanya Smith SC and Elisabeth Peden SC - on Tuesday, 22 October at Verandah Bar & Restaurant, at 5.30pm – 7.30pm. Justice Virginia Bell will be the guest of honour. All are welcome. Register here.

The Australian Bar Association Inquiry into International Arbitration – The Gyles Report

Wed Oct 16 2019
Tonight - NSW Bar Association Common Room

The Gyles Report identifies issues and recommendations for barristers practising in the field of international arbitration in Australia and abroad.

Please join the Chief Justice of the Federal Court of Australia, the Honourable James Allsop AO, The Honourable Roger Gyles AO QC, Mark Dempsey SC, Greg Laughton SC, Jodi Steele and Mary Walker for a comprehensive review of the report and a discussion on the future of engagement of barristers in international arbitration. Learn more here.

This seminar has been organised by the NSW Bar Association’s Alternative Dispute Resolution Committee.

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

Experienced Barristers Program

Wed Oct 16 2019
Diversity and equality

On 1 October 2019, the Wellbeing Committee launched its Experienced Barristers Program, tapping into the "wisdom of the 50-not-out club" (as reported by the Australian Financial Review on 4 October). Presently, 770 of the NSW Bar's 2400-odd members are over the age of 60 and 217 are over 70. As Mr Tim Game SC identified on the night, the Bar is a profession where we learn by example. With the wealth of collective wisdom available, maintaining age equality and diversity is an essential part of a healthy Bar.

The Diversity & Equality Committee endorses this initiative and invites you to help support the experienced members of the Bar and promote age equality in the profession. If your Chambers would like to get involved, please contact Ms Sarah McCarthy, member of the D&E and Wellbeing Committee, at sarah.mccarthy@5wentworth.com.

One of the projects for 2020 for this program will be assisting universities with their mooting competitions, by providing experienced barristers to assist with judging and advocacy training for students. If you know of any existing mooting competitions that could benefit from this assistance, please contact program coordinators Tim Castle of the Wellbeing Committee at tdcastle@stjames.net.au or Chris Winslow at the Bar Association at cwinslow@nswbar.asn.au.

The Prorogation Case: Judicial Review in the Age of Brexit

Wed Oct 16 2019

NSW Chapter of the Australian Association of Constitutional Law is presenting a seminar on The Prorogation Case: Judicial Review in the Age of Brexit.

Date: Tuesday, 12 November 2019 Time: 5.30-7.00pm Place: Court 18A, Law Courts Building, Queens Square

A special expert panel discussion of the recent decision of the United Kingdom Supreme Court in the Prorogation Case: R (Miller) v Prime Minister; Cherry v Advocate-General for Scotland [2019] UKSC 41. Catch up on the decision, its significance, and possible implications for judicial review of prorogations and other exercises of non-statutory executive power in Australia.

Speakers:

  • Michael Sexton SC, Solicitor General for New South Wales
  • Professor Anne Twomey, Sydney Law School
  • Amanda Sapienza, Senior Solicitor, NSW Crown Solicitor’s Office, who recently completed her PhD thesis on judicial review of non-statutory executive action in Australia

Chair: Justice Melissa Perry, Federal Court of Australia

Toongabbie legal centre two day Advocacy Workshop

Wed Oct 16 2019

The Toongabbie Legal Centre will be hosting a two day Advocacy Workshop on two Saturdays: 26 October & 2 November 2019. Venue: Parramatta Local Court House (Cnr of Marsden & George Streets) Time: 8.45am for 9am to 4pm

For more information and to register click here.

Everything you wanted to ask a judge but are too afraid to ask

Wed Oct 16 2019

The New Barristers’ Committee will again host the Judicial Q&A panel in the Bar Common Room on Tuesday, 29 October at 5.15pm. As usual, the Q&A will feature a panel of judges from the Federal, Supreme and District Courts who will answer your burning questions, which you dare not ask in court. This year drinks will follow the event at Verandah Bar.

Members are welcome to attend one or both events. Drinks are free for Under 5s and $40 for Over 5s.

Registrations Close Thursday, 17 October, Register here.

Event Proudly Supported by BarCover

Local Court Swearing-in ceremony for Allison Hawkins and Jillian Kiely

Tue Oct 15 2019
Swearing-in

On Monday 28 October 2019 at 9.00am in courtroom 5.2 of the Downing Centre Local Court there will be a Full Bench ceremony to mark the swearing-in of Ms Allison Hawkins and Ms Jillian Kiely as Magistrates of the Local Court of New South Wales.

The Attorney General, the Hon Mark Speakman SC MP will speak on behalf of the Association. Wigs and robes are not to be worn.

Amendments to the NCAT Rules

Tue Oct 15 2019

New amendments to the Civil and Administrative Rules 2014 (NCAT Rules) came into effect last Friday, 11 October 2019.

The changes are:

NCAT publications that have been updated to reflect these amendments include:

Establishment of the NSW Bar Association Accessibility Panel

Tue Oct 15 2019
Volunteers sought

The NSW Bar Association has established an Accessibility Panel. The Panel's purpose, inter alia, is to consider, address and respond to matters involving disability, access and inclusion and assist in the delivery of the aims and objectives of barristers with a disability. The Panel’s work will also address access issues in the built environments (e.g. Chambers and court buildings) that affect people working at or visiting those locations.

The Panel’s Chair is Robert Dubler SC and its initial members are Brenda Tronson, Nipa Dewan, and Jeh Coutinho (Secretary). The Panel is currently looking for additional members, particularly from those with a lived experience of a physical or mental impairment. If you are interested in assisting please send an expression of interest to Robert Dubler SC (dubler@12thfloor.com.au) and Jeh Coutinho (clerk@banco.net.au) on or before 1 November 2019.

Minds Count Annual Lecture 2019 - Postponed

Tue Oct 15 2019

The Minds Count Annual Lecture, due to take place on Wednesday,16 October 2019, has been postponed. A new date will be advised as soon as it becomes available.

Open Justice seminar: now and in the future

Tue Oct 15 2019

Members are invited to a seminar on Wednesday, 16 October at 5 pm to explore and discuss Open Justice.

This seminar will provide an opportunity to hear directly from the Honourable TF Bathurst AC, Chief Justice of New South Wales about this important principle.

Kiah Officer (Nine Entertainment Co) and Gina McWilliams (News Limited) will also give their perspectives as senior in-house media lawyers.

Local Court Swearing-in ceremony for Janine Lacy and Kevin Hockey

Tue Oct 15 2019
Swearing-in

On Monday 21 October 2019 at 9.00am in courtroom 5.2 of the Downing Centre Local Court there will be a Full Bench ceremony to mark the swearing-in of Ms Janine Lacy and Mr Kevin Hockey as Magistrates of the Local Court of New South Wales. Ben Katekar will speak on behalf of the NSW Bar. Wigs are robes are not to be worn. Further details will be provided when available.

Room for Licence - Third Floor, St James' Hall Chambers

Tue Oct 15 2019

Room for Licence (12 months – extension possible)

A large well-lit internal room is available for licence on Third Floor, St James’ Hall Chambers due to the owner’s administrative appointment. The Floor is very harmonious and friendly, with marketing events held on a regular basis. The Floor consists of two Silks and 15 busy barristers and has a mix of insolvency, commercial and criminal law. All enquiries are kept confidential.

Click here to view a photo.

Please contact the clerk, Candice Pedersen, at clerk@3sjh.com.au.

Cross-Examination of perpetrators and victims of family violence

Mon Oct 14 2019
Monday, 11 November 2019 AND Monday, 18 November 2019

On 11 September 2019, s 102NA of the Family Law Act 1975 commenced operation. The new amendment is intended to provide protection to victims of family violence involved in cross-examination as part of family law proceedings.

The 2 part family law seminar series will look at the operation of this new provision and to provide some guidance on the advocacy skills involved in cross-examination of this type. The 1st seminar will include a presentation by Grant Brady SC on cross-examining alleged victims and vulnerable witnesses followed by a presentation on avoiding collusion and enabling conduct. The 2nd seminar will include a presentation by Suzanne Christie SC on cross-examining alleged perpetrators, a presentation on working with clients affected by trauma and also a presentation from a Judge as to the initial experiences of these hearings. For full details please click here.

This seminar has been organised by the Bar Association’s Family Law Committee in conjunction with Legal Aid NSW.

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

Corporations and Insolvency Law Update

Mon Oct 14 2019
Continuing Professional Development

The next Commercial Law Section CPD seminar will be held on Tuesday 22 October 2019 at 5.15pm in the Bar Association Common Room.

The seminar presented by Michael Izzo SC, Danielle Forrester and Sonia Tame, and chaired by The Honourable Justice Kelly Rees, Supreme Court of NSW, will examine developments in corporations and insolvency law including:

  • Recent High Court decisions on insolvent trading trusts and deeds of company arrangement
  • Anti-phoenixing legislation
  • Recent cases on directors duties
  • Changes to the penalty regime for corporate and financial sector misconduct

For full details please click here.

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

Reflections of the Wotton Decision

Mon Oct 14 2019

Join us on Thursday, 31 October for a seminar that considers the impact of Wotton v State of Queensland (No 5) [2016] FCA 1457, a successful class action on behalf of Aboriginal residents of Palm Island.

This seminar is a joint initiative of the NSW Judicial Commission Ngara Yura Committee, the NSW Bar Association First Nations Committee and the Law Society of NSW Indigenous Issues Committee.

For more information and to register please click here.

Minds Count Annual Lecture 2019

Mon Oct 14 2019

The Minds Count Annual Lecture will take place on Wednesday 16 October 2019,
5.45pm for 6.00pm start – 8pm at The Federal Court, Room 1, Level 21, Sydney.

Please join the Minds Count Foundation to hear from the Creative Director of the Black Dog Institute, Matthew Johnstone.

Matthew Johnstone is an international keynote speaker and best-selling author of 9 books. His work has been endorsed by Edward deBono, Stephen Fry, the World Health Organisation and Google. In 2018 he was a finalist in the Australian Mental Health Awards.

Please ensure you arrive in ample time to clear security prior to making your way to Level 21.

We hope you can join us for this special event!

For more information and to register click here.

Vulnerable witness advocacy training

Mon Oct 14 2019
Continuing Professional Development

On Saturday 12 October the Bar Association became the first independent state Bar to run a training program to foster a greater understanding of the fundamental principles behind the approach to, and questioning of, vulnerable people. Twenty-six members participated in the training provided by the Australian Advocacy Institute.

The program is designed to improve the quality of evidence available in court, minimise harm for vulnerable people, and ensure procedural fairness for all parties involved in the trial process. The Bar Association wishes to thank all who attended, as well as the AAI staff and trainers.

AIAL lecture and dinner

Mon Oct 14 2019
At the lectern

The Australian Institute of Administrative Law (NSW Chapter) will host a lecture and dinner on 7 November to honour the contribution by her Excellency the Hon Margaret Beazley AO QC. Guest lecturer Allsop CJ of the Federal Court of Australia will present a paper on The Contribution of the State Courts to the Development of Administrative Law in Australia. Register by 1 November.

Silk scrolls presentation

Mon Oct 14 2019
Appointments

Newly appointed senior counsel will be presented with their appointment scrolls on 24 October 2019 at 5.15pm in the Bar Association’s Common Room, with the scrolls being presented by Chief Justice T F Bathurst AC at 5.45pm. All members are welcome to attend.