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Systemic unconscionable conduct: evidentiary hurdles and recent cases 

Wed Aug 14 2019
Continuing Professional Development

The next Commercial Law Section CPD seminar will be held on Tuesday 27 August 2019 at 5.15pm in the Bar Association Common Room.

The seminar presented by Dr Elisabeth Peden and Daniel Tynan, and chaired by The Honourable J L B Allsop AO, Chief Justice, Federal Court of Australia, will discuss the history and development of the concept of statutory unconscionable conduct and some of the key evidentiary challenges in proving a case alleging such conduct. The presenters will also discuss the implications of the High Court’s most recent decision on the topic in ASIC v Kobelt [2019] HCA 18. For full details please click here.

ADR Joint CPD event

Wed Aug 14 2019

The New South Wales Bar Association and the Law Society of New South Wales invite members to the next joint ADR CPD event for the year, which will be held at the Law Society of NSW from 5.30pm on Thursday 29 August.

The event will be facilitated by Mr. John McDermott, McDermott & Associates, with panellists The Hon Peter Jacobson QC, 7 Selborne Chambers, Dr. Jane Bolitho, UNSW and Ms. Claire Bibby, Immediation COO, General Counsel and Non-Executive Director, with closing remarks by Ms Mary Walker, Chair of the NSW Bar Association’s ADR Committee. Learn more here.

Expressions of Interest - Appointments to the Administrative Appeals Tribunal

Tue Aug 13 2019

The Government is inviting suitably qualified members of the public to submit an expression of interest to be considered for appointment to the Administrative Appeals Tribunal (AAT). Members are encouraged to apply to ensure that the best candidates are available for appointment.

Appointments are for one or more of the categories below:

• Member • Senior Member • Deputy President

For more information and for details on how to apply please click here.

Expressions of interest must be submitted by 8 September 2019.

Free Will and the Law: New Perspectives

Tue Aug 13 2019
Book launch

The late Justice David Hodgson AO was an acclaimed philosopher of law and its application to the theory of free will. Among his works were Consequences of Utilitarianism (1967), The Mind Matters: Consciousness and Choice in a Quantum World (1991) and Rationality + Consciousness = Free Will (2011). On 21 August the University of Sydney Law School will host the launch of Free Will and the Law: New Perspectives, a critical discussion of Hodgson's ground-breaking works. Learn more here.

Final sitting of the Hon Terry Sheahan AO

Tue Aug 13 2019

The Hon Justice Terry Sheahan AO will be delivering his final judgment at the Land and Environment Court on Friday 16 August 2019. To mark the occasion a final sitting will be held to mark his retirement at 9am in Court 12A, Level 4, 225 Macquarie Street Sydney.

Junior Vice-President Gabrielle Bashir SC will speak on behalf of the New South Wales Bar Association.

Robes but not wigs are to be worn.

Carter, Peden & Eldridge on ‘Contract provisions not to be taken for granted’: 30 August, half-day seminar

Tue Aug 13 2019

The provisions in question are entire agreement clauses, contracting out of good faith and self-imposed writing requirements for contract variation. The speakers are John Carter, Elisabeth Peden and John Eldridge with Barbara McDonald as Chair. This seminar subjects the three classes of provision to critical analysis in light of:

• the common law principles with which they deal, such as the parol evidence rule; • leading cases, eg, Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234; • recent cases, eg, MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] UKSC 24.

For more information and to book please visit the CLA website www.cla.org.au

Recent incident in King & Clarence Street

Tue Aug 13 2019

Following a stabbing incident and arrest in Clarence Street earlier this afternoon, Police have asked the public to avoid this area until further notice.

ADR Joint CPD event

Tue Aug 13 2019

The New South Wales Bar Association and the Law Society of New South Wales invite members to the next joint ADR CPD event for the year, which will be held at the Law Society of NSW from 5.30pm on Thursday 29 August.

The event will be facilitated by Mr. John McDermott, McDermott & Associates, with panellists The Hon Peter Jacobson QC, 7 Selborne Chambers, Dr. Jane Bolitho, UNSW and Ms. Claire Bibby, Immediation COO, General Counsel and Non-Executive Director, with closing remarks by Ms Mary Walker, Chair of the NSW Bar Association’s ADR Committee. Learn more here.

Final sitting of the Hon Terry Sheahan AO

Mon Aug 12 2019

The Hon Justice Terry Sheahan AO will be delivering his final judgment at the Land and Environment Court on Friday 16 August 2019. To mark the occasion a final sitting will be held to mark his retirement at 9am in Court 12A, Level 4, 225 Macquarie Street Sydney.

Junior Vice-President Gabrielle Bashir SC will speak on behalf of the New South Wales Bar Association.

Robes but not wigs are to be worn.

Equitable Briefing Policy Reports Due 30 September 2019

Mon Aug 12 2019
Diversity

Members are reminded that the deadline for the submission of annual reports to the Law Council of Australia under the Equitable Briefing Policy is 30 September 2019. The reporting requirement applies to entities and individuals who have adopted the Law Council of Australia’s Model Equitable Briefing Policy. The reports are confidential. A barrister’s report should address the following, by reference to gender:

  • The number of barristers briefed as their junior or as their leader during the year
  • The number of barristers who were briefed as junior barristers as a result of a recommendation by senior barristers* (if known)
  • The number of barristers who were briefed as senior barristers as a result of recommendations by junior barristers (if known); and
  • The number of barristers recommended to briefing entities in new matters.

  • The policy defines senior barristers are barristers of 10 or more years standing at the independent bar, or who are Queen’s Counsel or Senior Counsel.

For more information, please visit Law Council’s website here.

Women Lawyers Gala Presentation Dinner

Mon Aug 12 2019
Diversity

Members are invited to the biennial Gala Presentation Dinner for the NSW Women Lawyers Achievement Awards, to be held on Friday, 23 August 2019 at Dockside Cockle Bay. The guest speaker will be Emeritus Professor Rosalind Croucher AM, president of the Australian Human Rights Commission. For more information, or to reserve your place, click here.

Systemic unconscionable conduct: evidentiary hurdles and recent cases 

Mon Aug 12 2019
Continuing Professional Development

The next Commercial Law Section CPD seminar will be held on Tuesday 27 August 2019 at 5.15pm in the Bar Association Common Room.

The seminar presented by Dr Elisabeth Peden and Daniel Tynan, and chaired by The Honourable J L B Allsop AO, Chief Justice, Federal Court of Australia, will discuss the history and development of the concept of statutory unconscionable conduct and some of the key evidentiary challenges in proving a case alleging such conduct. The presenters will also discuss the implications of the High Court’s most recent decision on the topic in ASIC v Kobelt [2019] HCA 18. For full details please click here.

Us Too?: Bullying and sexual harassment in the legal profession – what is the NSW Bar doing?

Mon Aug 12 2019
Continuing Professional Development

On Wednesday, 21 August the Bar Association's Diversity and Equality Committee will host a CPD seminar on the findings and recommendations of the International Bar Association's (IBA) report into bullying and sexual harassment in the profession. The report, 'Us Too? Bullying and Sexual Harassment in the Legal Profession' draws on data collected from nearly 7,000 surveyed legal professionals from 135 countries with respondents from across the legal spectrum, including barrister's chambers, government and the judiciary. Speakers will include Kylie Nomchong SC, Chair, Wellbeing Committee; Larissa Andelman, President, Women Lawyers Association NSW and Kieran Pender, Senior Legal Adviser, Legal Policy & Research Unit – IBA. The event will be chaired by NSW Bar Association President Tim Game SC. Learn more here.

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

2020 Regional Conference Series

Mon Aug 12 2019
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 2020 Regional CPD Conference series. The conferences will be held on Saturdays in Ballina, Newcastle, Orange, Parramatta and Sydney during February and March.

The dates for 2020 Conferences are:

  • Newcastle, Saturday 22 February 2020, Novotel Newcastle Beach
  • North Coast (Ballina), Saturday 29 February 2020, Ramada Hotel
  • Orange, Saturday 7 March 2020, Orange Ex-Servicemen’s
  • Sydney, Saturday 21 March 2020, Hilton Hotel Sydney
  • Parramatta, Saturday 28 March 2020, Park Royal Parramatta

Interested barristers, solicitors, academics, legal and non-legal professionals are invited to submit suggestions for papers online, HERE. During the submission process, you will be asked to provide your contact details, conference preference, a working title and, where possible, a short description or abstract of your suggestion presentation. All submissions must come under at least one of the four categories of CPD.

Suggestions and abstracts are requested by Monday 30 September 2019.

For any enquiries, please contact Tiffany McDonald at cpd@nswbar.asn.au.

Vulnerable Witness Advocacy Program - Saturday 12 October 2019

Mon Aug 12 2019
Registrations now open

The NSW Bar Association is pleased to advise registrations are now open for The Vulnerable Witness Advocacy Training Program. The full-day program aims to promote an awareness of important issues and assist barristers with particular advocacy techniques relating to vulnerable witnesses.

This very practical course recognises the great sensitivities involved in questioning witnesses who are vulnerable. The full-day program includes advocacy training from senior instructors in areas the subject of recommendations by the Australian Royal Commission into Institutional Responses to Child Sexual Abuse.

More information on the workshop fees and registration, please click HERE.

**Places are extremely limited. Please register early to avoid disappointment.

Government to consult on proposal to establish a single personal injury tribunal

Fri Aug 09 2019

The Minister for Customer Service has today announced, click here, the Government’s support for the establishment of a single personal injury tribunal to hear workers compensation and compulsory third party disputes.

The Minister has also announced that the Government will be conducting a consultation process regarding an appropriate model for the new tribunal. The State Opposition has also today issued a media release expressing concern that the proposal may negatively impact on the rights of injured workers and motorists, available here.

The release also refers to the Government’s response to the 2018 Standing Committee on Law and Justice Inquiries into Workers Compensation and CTP. The reports of these inquiries can be found at the Standing Committee’s webpage here and here. The Government responses to the reports can be found here.

Vulnerable Witness Advocacy Program - Saturday 12 October 2019

Fri Aug 09 2019
Registrations now open

The NSW Bar Association is pleased to advise registrations are now open for The Vulnerable Witness Advocacy Training Program. The full-day program aims to promote an awareness of important issues and assist barristers with particular advocacy techniques relating to vulnerable witnesses.

This very practical course recognises the great sensitivities involved in questioning witnesses who are vulnerable. The full-day program includes advocacy training from senior instructors in areas the subject of recommendations by the Australian Royal Commission into Institutional Responses to Child Sexual Abuse.

More information on the workshop fees and registration, please click HERE.

**Places are extremely limited. Please register early to avoid disappointment.

2020 Regional Conference Series

Fri Aug 09 2019
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 2020 Regional CPD Conference series. The conferences will be held on Saturdays in Ballina, Newcastle, Orange, Parramatta and Sydney during February and March.

The dates for 2020 Conferences are:

  • Newcastle, Saturday 22 February 2020, Novotel Newcastle Beach
  • North Coast (Ballina), Saturday 29 February 2020, Ramada Hotel
  • Orange, Saturday 7 March 2020, Orange Ex-Servicemen’s
  • Sydney, Saturday 21 March 2020, Hilton Hotel Sydney
  • Parramatta, Saturday 28 March 2020, Park Royal Parramatta

Interested barristers, solicitors, academics, legal and non-legal professionals are invited to submit suggestions for papers online, HERE. During the submission process, you will be asked to provide your contact details, conference preference, a working title and, where possible, a short description or abstract of your suggestion presentation. All submissions must come under at least one of the four categories of CPD.

Suggestions and abstracts are requested by Monday 30 September 2019.

For any enquiries, please contact Tiffany McDonald at cpd@nswbar.asn.au.

Us Too?: Bullying and sexual harassment in the legal profession – what is the NSW Bar doing?

Fri Aug 09 2019
Continuing Professional Development

On Wednesday, 21 August the Bar Association's Diversity and Equality Committee will host a CPD seminar on the findings and recommendations of the International Bar Association's (IBA) report into bullying and sexual harassment in the profession. The report, 'Us Too? Bullying and Sexual Harassment in the Legal Profession' draws on data collected from nearly 7,000 surveyed legal professionals from 135 countries with respondents from across the legal spectrum, including barrister's chambers, government and the judiciary. Speakers will include Kylie Nomchong SC, Chair, Wellbeing Committee; Larissa Andelman, President, Women Lawyers Association NSW and Kieran Pender, Senior Legal Adviser, Legal Policy & Research Unit – IBA. The event will be chaired by NSW Bar Association President Tim Game SC. Learn more here.

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

Female Law Students Open Day

Fri Aug 09 2019
Inclusion and Diversity

The Bar Association seeks volunteers to assist in running the Female Law Students Open Day on the morning of Friday, 16 August 2019. Volunteers are needed to take groups of students to meet with judges, to see the courts in operation and to answer queries the students may have about life as a barrister. The Open Day provides students with an opportunity to gain some insight into the workings of the Bar, and is conducted to encourage students to consider a career as a barrister. If you are able to volunteer your time between the hours of 8.45am and 12.30pm please email Ting Lim.

International Arbitration Practice Course to be opened by the Hon. Chief Justice James Allsop AO

Fri Aug 09 2019

The Law Council of Australia, International Law Section will be hosting a series of International Arbitration Practice Courses.

The first session, scheduled for 20 August, will be opened by the Hon. Chief Justice James Allsop AO.

Date: 20 August 2019 Location: Baker McKenzie, Tower One - International Towers Sydney, 100 Barangaroo Avenue, Barangaroo, NSW Time: 7:45 AM ‐ 9:00 AM

For more information and to register please click here.