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A Baltic Adventure (September 2018 )

Mon Apr 16 2018

Conference Travel Club, by professionals for professionals, combining professional and personal development that fulfils CPD requirements in a way that allows you to choose what you learn, whilst enjoying unique, luxury travel to exciting destinations. What an unforgettable experience to travel to the scenic Baltic (14 September – 8 October 2018) and wander the cobbled pathways of medieval cities and return inspired, refreshed and renewed. For more information and full details visit Conference Travel Club website or email Lynne Mathias or Louise Mathias.

AAL seminar on access to justice

Mon Apr 16 2018

The Australian Academy of Law will hold a similar series in 2018 on "Access to Justice: the Breadth of the Concept of Justice". The first will be held Monday, 30 April 2018 from 5.30 pm to 7.00 pm in the Banco Court, Queens Square. Learn more here.

Part-time employment opportunities wanted for First Nations law students

Mon Apr 16 2018

Do you need some clerical, administrative or research assistance to run your practice? If the answer is yes - why not employ a First Nations law student? There are a number of 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 2018 for First Nations 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 or research and includes some mentoring and guidance for the student.

This initiative has been highly successful for a number of First Nations 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.

Greg Tolhurst
Executive Director

The Hon C S C Sheller AO QC (1933-2018)

Mon Apr 16 2018
Vale

The Honourable Charles Simon Camac Sheller AO QC died this morning. The president of the NSW Bar Association, Arthur Moses SC said: “He was one of the great jurists of the NSW Court of Appeal. He will be remembered by the NSW Bar as a judge of outstanding intellect, exemplary fairness, compassion and integrity whose judgments continue to have an impact on the development of the law in NSW.”

C S C Sheller was admitted to the New South Wales Bar in May 1959. He took silk in November 1975. He was appointed to the Supreme Court and the Court of Appeal in November 1991. At a ceremony in the Banco Court in April 2005 marking his retirement from the bench, the Hon J J Spigelman AC, then chief justice of New South Wales, said:

In the 180 year history of this Court there have been numerous judges who have displayed many of the judicial virtues: learning, wisdom, compassion, eloquence, robust independence, impartiality, attentiveness, diligence, common sense, clarity of thought and of expression, administrative skills and strength of character. Few have had all of these qualities and to the high level, that has been manifest by the Honourable Justice Simon Sheller for the entire period of over thirteen years that you have served as a Judge and Judge of Appeal of this Court.

There is no area of this Court’s jurisdiction that your Honour did not touch. There is no area that you touched that you do not adorn. You have delivered leading judgments on the duties of company directors, on the law of options, on takeovers and winding ups, on the lifting of the corporate veil, on equitable setoffs and constructive trusts, on fatal accident claims, on the duty of care of local authorities and hospitals, on the effect of fraudulent conduct on insurance policies, on the requirements of procedural fairness in various statutory bodies, on the duties of executors, on the disbarment of legal practitioners, on the law of declarations, on the standing to obtain injunctions, on the rights of beneficiaries to have access to trust documents, on sentencing for sexual offences, on identification evidence based on photographs, on the withdrawal of a guilty plea, on the ‘perils of the sea’ exception to carriers liability and on the valuation of a dredge. There is no point in singling out any one of these judgments, nor in extending the list further.

Between 2000 and 2004 he served as the president of the Judicial Conference of Australia. He was also chairman of the Supreme Court’s Building Committee from 1993 to 2005 and oversaw the award-winning renovation of Francis Greenway’s original Supreme Court building.

In his farewell to Justice Sheller, Chief Justice Spigelman concluded by saying: “Thank you for many things, but thank you most of all for providing all of us a role model as to how a judge should behave.”

Members will be advised of funeral arrangements as soon as they are known.

Coming up in CPD

Mon Apr 16 2018

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.

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

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

NSW Bar FC Season 2018 Launch

Fri Apr 13 2018
Bar sports

The Domain Soccer League commences next week with Bar FC's first outing against Ausgrid on Thursday, 19 April 2018 at 1.15 pm.

Bar FC encourages all members of the Bar, the judiciary and clerks regardless of skill level to join in the fun and camaraderie of football in the Domain. If you are not able to play, your support is always welcomed! Games are played on the ground atop the Domain Car Park. A full copy of the current competition draw is attached.

Enquiries about joining the squad should be addressed to the Manager, David (Sir Alex) Stanton (8233 0345, d.stanton@mauricebyers.com) or to Anthony Lo Surdo SC (9223 3181, losurdo@12thfloor.com.au).

Crisis in Legal Aid

Fri Apr 13 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.

Coming up in CPD next week

Fri Apr 13 2018

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.

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

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

Review of the Australian Solicitors’ Conduct Rules

Thu Apr 12 2018

The Law Council of Australia is now undertaking a comprehensive review of the Australian Solicitors’ Conduct Rules. A Discussion Paper has been prepared and invites submissions and responses from practitioners, organisations and the community to over 100 questions, suggestions and possible modifications to the Rules. Consultations are open until 31 May 2018. Submissions and feedback can be lodged by email. For more information and to access the Discussion Paper please refer to the Law Council website.

UNCITRAL seminar

Thu Apr 12 2018

The fourth annual UNCITRAL Seminar will be held in Canberra on Friday, 25 May 2018, hosted by the UNCITRAL National Coordination Committee for Australia. The seminar, chaired by Justice Neil McKerracher of the Federal Court, will focus on developments in international commercial contracts, E-commerce, international mediations and ISDS, with a keynote speech from Justice Sarah Derrington, president of the Australian Law Reform Commission. Download a copy of the seminar flyer here.

Save the date: the inaugural Bathurst Lecture

Thu Apr 12 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

Thu Apr 12 2018

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.

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

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

Crisis in Legal Aid

Thu Apr 12 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.

In the news

Wed Apr 11 2018
Law reform and public affairs

President Arthur Moses SC was interviewed by Wendy Harmer and Robbie Buck on ABC 702 this morning regarding the Bar Association's proposal to lift the retirement age for NSW judges and the age at which they can access judicial pensions. It follows an article on this subject published last year by the Sydney Morning Herald.

New state coroner of NSW

Wed Apr 11 2018
Appointments

Attorney General Mark Speakman has announced the appointment of Magistrate Leslie Mabbutt as the new state coroner, effective 16 April 2018. View the attorney general's media release here.

Crisis in Legal Aid

Wed Apr 11 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.

Coming up in CPD tonight

Wed Apr 11 2018

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.

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

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

Book launch: Mediation Quest

Tue Apr 10 2018

The Australian Dispute Resolution Association Inc. (ADRA) invites members to the book launch for Mediation Quest: Making Sense of Loss, by Dr Katherine Johnson, on Tuesday, 24 April 2018 at 6.30pm at the Law Society of NSW. For more information, or register your attendance, visit the ADRA website.

Coming up in CPD tonight

Tue Apr 10 2018

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. 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 will commence at 5.45pm in the Bar Association Common Room.

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

Next Meeting of the Bar Book Club – please note change of date

Tue Apr 10 2018
Wellbeing at the NSW Bar

Our next meeting will be on Tuesday, 15 May 2018 at 6.00pm in the library. Light refreshments will be provided.

The book we have chosen is Anatomy of a scandal by Sarah Vaughan. The Good Reads record is here.

For those members who do not reside in the Selborne / Wentworth complex, please arrive before 6pm to gain access to the building.

ALSA conference in Sumatra

Tue Apr 10 2018

The Australian Lawyers Surfing Association will hold its 9th annual continuing legal education conference beginning Sunday, 19 August at Resort Latitude Zero situated in Sumatra’s beautiful Telo Islands during its prime time swell season. ALSA are also delighted to announce that one of their Patrons Wayne “Rabbit” Bartholomew will be joining them! Learn more here.

Keith Mason to deliver the Robin Sharwood Lecture in Church Law

Mon Apr 09 2018

The Hon Keith Mason AC QC will deliver the Robin Sharwood Lecture in Church Law on Thursday, 19 April 2018 at 6.00pm. The lecture, titled "Clergy status in the age of the royal commission", will examine the interaction of secular and canon law in dealing with clergy misconduct in the Anglican and Catholic Churches. It will be held in St James' Church. Attendance is free but please register here.

NB: the registration form says St James Hall, but the venue has since changed to St James' Church.

Enquiries can be directed to Trinity College in Melbourne: events@trinity.unimelb.edu.au or St James Institute on ph: 02 82271300.

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.