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2018 Conferences - invitation for abstracts and papers

Mon Sep 18 2017
Call for papers

The Bar Association's Professional Development Department invites members to submit suggestions and/or abstracts for papers to be included in the association's 2018 CPD Conference series. The conferences will be held on Saturdays in Ballina, Newcastle, Orange, Parramatta and Sydney during February and March.

The dates for 2018 Conferences are:

  • North Coast (Ballina) – Saturday 17 February
  • Parramatta – Saturday 24 February
  • Newcastle – Saturday 10 March
  • Orange – Saturday 17 and Sunday 18 March
  • Sydney – Saturday 24 March

Suggestions for papers and brief synopses can be submitted to the professional development coordinator, Tiffany McDonald (tmcdonald@nswbar.asn.au) Please ensure to include '2018 Regional Conferences' in the email subject line along with the inclusion of a working title and, where possible, a short description or abstract of your suggestion in the email.

Suggestions and abstracts are requested by Friday, 29 September.

Congratulations to the Bar Half Marathon Team

Mon Sep 18 2017
Charity at the New South Wales Bar

Cynthia Cochrane and Ben Symons ran the Blackmores Half Marathon yesterday and raised $4,400 for the Katrina Dawson Foundation, well in excess of the $3,000 target. Cynthia finished with the official time of 2:04:24, while Ben finished in 1:38. The Everyday Hero page will stay online a little longer, giving members one last chance to raise even more. Well done Cynthia and Ben!

UN Women National Committee Australia: call for board expressions of interest

Mon Sep 18 2017
Diversity

UN Women National Committee Australia is calling for nominations for three members of the Board of Directors, to commence a three year term in November 2017. Applications close 24 September 2017. To be eligible to serve on the Board of Directors, candidates must be a current financial member of UN Women NC Australia. Learn more about the selection criteria here. For more about the UN Women and the UN Women National Commmittee Australia visit UN Women.

Members obligations under the Professional Standards Scheme

Mon Sep 18 2017
Services and benefits

Every barrister who holds a NSW practising certificate, is a member of the Bar Association and has approved professional indemnity insurance is covered by the New South Wales Bar Association’s Professional Standards Scheme, which limits their liability for damages to $1.5 million.

Mandatory disclosure statement

Liability limited by a scheme approved under Professional Standards Legislation

All members covered by the scheme are reminded of their obligation to display the mandatory disclosure statement on all documentation sent to existing and prospective clients – including instructing solicitors. This ensures that the scheme can be relied upon to protect against unlimited liability. A person covered by a scheme who does not use the disclosure statement as required is guilty of an offence (refer s33(2) of the Professional Standards Act 1994).

The 2017 annual random audit of members on the use of the mandatory statement has shown that a small number of members have not been displaying the mandatory disclosure statement as required. The main breaches are using:

  • a variation of words other than that prescribed by the Regulation;
  • the former prescribed statement which expired on 25 October 2005; and
  • a typeface that is smaller than the minimum required under the Regulation.

Clause 9 of the Professional Standards Regulation 2014 sets out the prescribed disclosure statement to be used, i.e. ‘Liability limited by a scheme approved under Professional Standards Legislation’. The statement must be printed on a size not less than the face measurement of Times New Roman typeface in 8 point.

The Professional Standards Council published a guide on responsibilities of members to use the disclosure statement which can be viewed here.

Please check to ensure you are using the correct disclosure statement on all documents as required.

Should you have any queries regarding the Scheme, please contact the Bar Association’s Scheme Administrator and Senior Projects Lawyer, Ms Kim Kemp on ph 9232 4055, fax 9221 1149 or e-mail kkemp@nswbar.asn.au.

2017 Justice 4 Refugees Cocktail Evening

Mon Sep 18 2017
Charity at the bar

On behalf of the Refugee Advice & Casework Service (RACS), the New South Wales Bar Association invites all members of the NSW Bar to be our guest at the Justice 4 Refugees (J4R) Cocktail Evening on Wednesday 11 October 2017, 5.30pm to 7.30pm in the NSW Bar Association Common Room. Guest Speakers include The Hon Michael Kirby AC CMG and Emeritus Professor Gillian Triggs.

The New South Wales Bar Council has resolved to be a RACS Fundraising Partner. The J4R Cocktail Evening aims to raise funds and celebrate the work of the Refugee Advice & Casework Service who for more than 30 years has been actively protecting and advocating for the rights of people seeking asylum in Australia.

All proceeds raised on the evening will be donated directly to the Refugee Advice & Casework Service (RACS).

Should you wish for more information or to attend this event, please forward your RSVP to rsvp@nswbar.asn.au by Wednesday 4 October 2017 - Spaces are strictly limited

15 Bobber- Mr David Bennett AC QC - Celebrating 50 Years at the Bar

Mon Sep 18 2017
Social events

Members of the NSW Bar Association are invited to attend the 15 Bobber for Mr David Bennett AC QC, celebrating his 50 years at the Bar. The 15 Bobber will be held Friday, 20 October in the New South Wales Bar Association Common Room. Speaking for Mr David Bennett AC QC will be Mr John Sheahan QC. The event begins at 5.30pm with speeches beginning at 5.45pm. RSVP here by 5.00pm Wednesday 11 October 2017.

Finals fever deals from ABA Member Benefits

Fri Sep 15 2017
Services and benefits

Members of the New South Wales Bar Association enjoy access to the Australian Bar Association's member benefits scheme. The service partner, MBA Benefits, has negotiated special offers on luxury cars, electrical goods, travel experiences and holiday packages. Their exclusive offers for September 2017 can be viewed here.

Copyright Law and Practice Symposium

Fri Sep 15 2017
Conferences

The Australian Copyright Council, along with the Copyright Society of Australia, invite members to the 18th Biennial Copyright Law and Practice Symposium on 12-13 October 2017 at Lendlease Darling Harbour. Keynote speaker will be the Hon Pierre N Leval, justice of the US Court of Appeals for the Second Circuit. Learn more here.

New federal dispute resolution scheme for consumers

Thu Sep 14 2017
Dispute resolution

The Australian Government has announced the formation of a new "one-stop shop dispute resolution scheme", the Australian Financial Complaints Authority (AFCA). AFCA will replace the three existing schemes – the Financial Ombudsman Service (FOS), the Credit and Investments Ombudsman (CIO) and the Superannuation Complaints Tribunal (SCT) - and will have a monetary limit of $1 million and compensation cap of $500,000. Learn more here.

Wellbeing at the New South Wales Bar

Thu Sep 14 2017
Wellbeing

R U OK? Day is the perfect opportunity to check out the new and revised Wellbeing pages on the New South Wales Bar Association's website. There, you will find information on: how to get help (BarCare, Bar Cover, Benevolent Fund); how to get involved in social, sporting and recreational events; as well as information about relevant lectures on vicarious trauma and the TJMF Guidelines to Psychological Wellbeing. Bookmark the page and visit it often.

R U OK?

Thu Sep 14 2017

Wellbeing

Today is R U OK? Day. Stay connected and have meaningful conversations with a loved one, friend and work colleague. Be a good listener. For more information on the simple steps that could save a life, visit the R U OK? website.

Next meeting of the Bar Book Club

Thu Sep 14 2017
Wellbeing

The next meeting of the Bar Book Club will be held on Tuesday, 31 October 2017 at 6.00pm. Up for discussion will be The Last Man in Europe by Dennis Glover. You can read a review here.

Benevolent Association: donations may now be made online

Wed Sep 13 2017
Services and benefits

Message from the Treasurer, Andrew Bell SC and Chair of the Wellbeing Committee, Kylie Nomchong SC

The Barristers’ Benevolent Association of New South Wales was established to set up a scheme whereby financial assistance may be provided to persons who are (or have been) members of the NSW Bar and who have practiced predominantly in NSW.

There are no fixed circumstances in which such assistance may be provided save for it being directed to “necessitous and deserving cases”. It provides a fund for those who are suffering from hardship either in the short term or long term. The funding is an important part of the collegiate life of the Bar and how we look after each other. In order to ensure that the Fund is maintained and available for our colleagues who need it, the Fund must receive the support of those at the Bar who are able to do so. Donations may now be made online. Donations are tax deductible.

Applications may be made to the Benevolent Association and ought include the basis on which the application is made together with any supporting documentation. Grants of assistance may extend to the Member’s spouse (including surviving spouse), partner in a defacto relationship (both opposite and same sex relationships) (including surviving defacto partner), children (including adopted children and children of any aforementioned spouse or partner) and any such other persons that may be determined by the Committee of Management to be dependants.

Applications are confidential. Applications are assessed on a case by case basis by the Committee of Management of the Benevolent Association, whose decisions are final and conclusive. The Committee is comprised of the Executive of the Bar Council.

John Brian Goldrick

Wed Sep 13 2017
Vale

John Goldrick, former magistrate and a founding member of 5th Floor Wentworth Chambers, has died. His funeral will be held on Tuesday, 19 September at 1.00pm at St Mary’s Catholic Church, Ridge Street, North Sydney.

Part-time employment opportunities wanted for Indigenous law students

Wed Sep 13 2017
Diversity

Do you need some clerical and administrative assistance to run your practice? If the answer is yes - why not employ an Indigenous law student? There are some first and second year law students currently looking for this opportunity. As part of the Bar Association's Reconciliation Action Plan, all barristers, clerks and chambers are encouraged to identify part-time employment opportunities for 2017 for Indigenous law students. Ideally, this would be for a day or half day a week on a regular basis doing loose-leaf filing, administrative or clerical tasks and includes some mentoring and guidance for the student.

This initiative has been highly successful for a number of Indigenous law students and needs the ongoing support of more members of the Bar to ensure its continued success. Contact with the Bar as well as some financial security significantly contributes to the success of the students at their law studies.

Please contact Chris Ronalds SC on ronalds@fjc.net.au or 9229 7378 if you have any openings or questions. Greg Tolhurst

Executive Director

Out now! Advocacy and Judging: Selected Papers of Murray Gleeson, edited by Hugh Dillon

Wed Sep 13 2017

This volume of speeches by Murray Gleeson, who served as Chief Justice of New South Wales, then of Australia, for two decades, is, as James Spigelman has put it in his foreword, “a testament to judicial leadership”. While his judgments are his most enduring and primary contribution to the law, in hundreds of occasional speeches he explained the role and importance of the rule of law, and of the institutions through which it is maintained.

Although Murray Gleeson is known as a judge, he is also one of our great legal writers. The selected papers are models of elegant expression, clarity of thought, deep contemplation and scholarship. They cover several broad themes: the rule of law, advocacy, judging, legal history, the judiciary as an arm of government, the application of legal principle, and international commercial arbitration.

From the Foreword by the Hon James Spigelman AC, QC

"This volume of speeches is a major part of the foundation that Murray Gleeson has bequeathed to his successors. It will be drawn on by lawyers and judges for generations to come."

How to Order

To order online, click here.

  • Hardback/540pp
  • ISBN 9781760021474
  • Australian RRP $160.00

Phone: 02 9552 2200 Email: info@federationpress.com.au

Bar Association annual general meeting

Tue Sep 12 2017
Governance

The Bar Association’s AGM will be held on Thursday, 2 November at 5.00pm, in the Common Room. The election ballot closes at 1.00pm that day and counting commences on the morning of Friday, 3 November, with announcement of the results via In Brief later that day.

Lifetime Care enews: Issue 94

Tue Sep 12 2017

The Lifetime Care & Support Authority publishes a newsletter, lifetime care enews. Issue 94, September 2017, is now available and includes information about the launch of the new icare website, new forms and documents, an Emotional Wellbeing Toolkit, developed by the ACI State Spinal Cord injury Service, which has a range of tools and resources to support clinicians in understanding and managing psychosocial issues associated with spinal cord injury. View Lifetime Care enews No 94

15 Bobber- Mr David Bennett AC QC - Celebrating 50 Years at the Bar

Tue Sep 12 2017
Social events

Members of the NSW Bar Association are invited to attend the 15 Bobber for Mr David Bennett AC QC, celebrating his 50 years at the Bar. The 15 Bobber will be held Friday, 20 October in the New South Wales Bar Association Common Room. Speaking for Mr David Bennett AC QC will be Mr John Sheahan QC. The event begins at 5.30pm with speeches beginning at 5.45pm. RSVP here by 5.00pm Wednesday 11 October 2017.

Spam email alert: an email purporting to be from the Australian Bar Association

Tue Sep 12 2017
Digital security

A spam email purporting to be from the Australian Bar Association (ABA) is currently circulating among email accounts. The email requests immediate payment for an outstanding invoice. The subject line for the spam email is “Membership Invoice From Australian Bar Association”. If you receive this email please delete it immediately and do not open any attachments.

For more information on this spam email please contact ABA Public Affairs and Communications Manager Mick Paskos on 0412 201 044 or via mpaskos@onmessage.com.au. A copy of this spam email alert can be found here. For more information on internet and other types of scams, please see ASIC’s Scam Watch website at https://www.scamwatch.gov.au/

2017 Justice 4 Refugees Cocktail Evening

Tue Sep 12 2017
Charity at the New South Wales Bar

On behalf of the Refugee Advice & Casework Service (RACS), the New South Wales Bar Association invites all members of the NSW Bar to be our guest at the Justice 4 Refugees (J4R) Cocktail Evening on Wednesday 11 October 2017, 5.30pm to 7.30pm in the NSW Bar Association Common Room. Guest Speakers include The Hon Michael Kirby AC CMG and Emeritus Professor Gillian Triggs.

The New South Wales Bar Council has resolved to be a RACS Fundraising Partner. The J4R Cocktail Evening aims to raise funds and celebrate the work of the Refugee Advice & Casework Service who for more than 30 years has been actively protecting and advocating for the rights of people seeking asylum in Australia.

All proceeds raised on the evening will be donated directly to the Refugee Advice & Casework Service (RACS).

Should you wish for more information or to attend this event, please forward your RSVP to rsvp@nswbar.asn.au by Wednesday 4 October 2017 - Spaces are strictly limited

CIArb Annual Dinner

Mon Sep 11 2017
Social events

The Chartered Institute of Arbitrators Australia will hold their annual dinner on Saturday, 7 October 2017 at the Museum of Contemporary Art. Learn more here.

NSW Bar reclaims both Suncorp Perpetual Trophies

Mon Sep 11 2017
Bar sports

On Saturday, 9 September 2017, approximately 45 barristers drawn from the Queensland, Victoria and NSW Bars gathered at Sydney University to mark the 10th Anniversary of fierce but friendly football rivalry. At stake was the Suncorp Perpetual Trophies and, most importantly, pride! However, before the festival of the boot commenced at 1 pm, at the Sports Law Conference chaired by Justice Geoff Lindsay, we were treated to entertaining opening remarks by Justice Anna Katzmann followed by Alan Sullivan QC who gave us an insight into the fascinating world of FIFA ethics and then by Professor Deborah Healey who provided some interesting commentary on aspects of doping in sport. The conference concluded with a delightful review by Graham Turnbull SC on aspects of “natural justice” as it applies to sport.

The opening game in the Tri-State series was between Queensland and Victoria. It was a very even contest reflected ultimately in a hard fought 1 all draw. Best and Fairest on field for Queensland was Jens Streit and for Victoria, Michael Kats. The fixture was officiated by Simon Burchett.

The next game was between NSW and Queensland. In what turned out to be a lop-sided contest, NSW won easily, 7-2. Best and Fairest on field for NSW was Richard Di Michiel who scored a hat-trick and for Queensland, Craig Bolger (of the NSW Bar, on loan). The fixture was officiated by David Patch.

The last game of the day saw NSW back up against a Victorian team fresh from an hour’s break. The Victorians always have a little something in reserve for NSW and, in what turned out to be a competitive performance, NSW just prevailed in a 3-2 result. Best and Fairest on field for NSW was Jeh Coutinho (Clerk, Banco Chambers) and for Victoria, Chris Archibald. The fixture was officiated by Anthony Lo Surdo SC.

In the end, NSW performed a clean and clinical sweep to reclaim both Suncorp Perpetual Trophies. The Sports Law Conference and the games will be held in Melbourne in 2018.

A donation of $1500 representing the proceeds of the day has been made to CanTeen to assist young people dealing with cancer.

A full report with photos will appear in the next edition of Bar News.