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In need of casual or emergency childcare?

Thu Apr 04 2019
Member services and benefits

You're prepared for the big trial, but have you thought about back-up childcare? It's called "casual care" but when your normal childcare arrangements fall through, it feels like an emergency.

The Bar Association has a management agreement with Guardian Early Learning to guarantee access to dedicated permanent, casual or emergency childcare places at the Pavilion Early Learning Centre, conveniently located at 126 Phillip Street, just 100 metres from Martin Place Station. Children at The Pavilion have open access to bright, custom-designed spaces, structures and experiences with plenty of room for growing, inquisitive and energetic bodies to play, relax and quietly explore. Take a 3-D walk-through here.

In order to arrange casual, emergency or back-up childcare, an enrolment application needs to be lodged with Guardian Early Learning Group. There are no enrolment or application handling fees. For further information please contact the coordinator of services and benefits at the Bar Association, Chris Winslow, or the Guardian Early Learning Group at corp.enrolments@guardian.edu.au. Please advise Guardian that you are a member of the New South Wales Bar Association. More information on the scheme is available on the Bar Association website.

Law Council of Australia - 2019-20 Federal Budget Overview

Wed Apr 03 2019
Law reform and public affairs

On Tuesday, 2 April 2019, representatives of the Law Council of Australia attended the Federal Budget ‘lock-up'. The Law Council has prepared a summary of key announcements of interest to the legal profession.

A full copy of the summary is available here.

Bail Application Advocacy in the Supreme Court of New South Wales

Wed Apr 03 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.

RICS Building Confidence conference

Wed Apr 03 2019

RICS is heeding the call of government, industry and the public by convening property professionals at our Building Confidence conference on 2 May 2019.

Professional challenges in building, construction and development have achieved prominence, particularly post-Opal Tower and Lacrosse fire. However, other industry challenges persist around investment uncertainty, fragmented regulation and professional indemnity insurance.

We have assembled senior speakers to lead discussion throughout the day around how effective professional competencies, standards and regulation can help improve performance, transparency, confidence, certainty and public trust in property – ultimately delivering better outcomes.

For more information and to register, click here.

Katrina Dawson Award - applications now open

Wed Apr 03 2019
Diversity

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.

2019 Bench & Bar Dinner

Wed Apr 03 2019
Collegiality

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.

$20m funding increase will do little to address huge ‘justice deficit’

Wed Apr 03 2019
Law reform and public affairs

The Law Council of Australia has slammed the Federal Government’s abysmal legal assistance funding increase of less than $20 million in the 2019-20 Budget, which falls well short of the additional $310 million per year needed to provide adequate access to justice to Australians at risk.

“The Budget may be in surplus but Australia will remain in a significant justice deficit so long as the government fails to deliver adequate funding for Legal Aid Commissions (LACs), Community Legal Centres (CLCs), Aboriginal and Torres Strait Islander Legal Services (ATSILS) and Family Violence Prevention Legal Services,” Mr Moses said.

A full copy of the media release is available here.

Bar Book Club

Wed Apr 03 2019
Wellbeing

The next book in the Bar Book Club’s sights is Say Nothing by Patrick Radden Keefe. Of special interest to those who read last year’s Booker Prize winner Milkman by Anna Burns.

The next meeting will be held on Tuesday 21 May at 5.30pm in the library. Light refreshments will be served

ABA Convergence 2019 Registration now open | Singapore | 11-12 July 2019

Tue Apr 02 2019
Registrations are open!

Online registration has now launched and there has been a strong response from the Bar and wider legal profession.

Register today to secure your place at this world-class commercial law conference.

View the Conference Program here.

Accommodation in Singapore

An Accommodation, Conference and Events package has been developed to make planning your trip quick and easy! This package includes 3 nights’ accommodation in a King or Twin room (Wednesday 10 - Saturday 13 July). This can be upgraded to a 'room with a view' or a Studio Suite during registration. Simply select the 'Accommodation, Conference and Event' option, add in an check-in/check-out extension or upgrade request (if applicable).

Not sure which room type to book at the Andaz? 3D tours of each room type are available on the Travel tab of the website. View here.

Due to significant uptake, there is limited availability at the Andaz Singapore. Book today to secure your room for the conference and avoid disappointment!

We do look forward to welcoming you to Singapore.

Katrina Dawson Award - applications now open

Tue Apr 02 2019
Diversity

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.

Kaldor Centre for International Refugee Law at UNSW

Tue Apr 02 2019
Law reform and public affairs

The Kaldor Centre for International Refugee Law at UNSW is developing a network to connect legal academics with practitioners engaged in refugee-related litigation (including tribunal-based administrative action).

Your views are crucial in helping us to map the needs and gaps this academic–practitioner collaboration could address.

We would welcome your input through this short survey and encourage you to share it with others in your network who might be interested in contributing ideas to this project. It takes only a few minutes to complete. We very much appreciate your time, ideas and experience. The survey will close on 12 April.

If you’d prefer to provide feedback directly instead, or additionally, you are welcome to email Dr Sangeetha Pillai (sangeetha.pillai@unsw.edu.au). Thank you in advance for your time

Funeral Arrangements for John Gray Spencer (1938 - 2019)

Tue Apr 02 2019
Vale

A funeral service for John Gray Spencer, a former Barrister of Samuel Griffith Chambers, will be held at Northern Suburbs Crematorium, North Chapel, 199 Delhi Rd, North Ryde, on Wednesday, 3rd April 2019 at 02:15 PM.

2019 CLANT Bali Conference

Tue Apr 02 2019
Conferences

The Criminal Lawyers Association of the Northern Territory (CLANT) will host its 17th biennial criminal law conference on 22 to 29 June 2019 at the Hyatt Regency Sanur (formerly The Bali Hyatt). Keynote Speaker will be George Georgiou SC.

The Program (draft) for the 2019 CLANT Bali Conference has now been published on our website. Please visit www.solusibs.com and click on the 2019 Program page. Feel free to pass it on by clicking on the I’D LIKE TO SHARE THE PROGRAM button. Let us know if you need any help registering or have any questions.

The "Bali Conference" as it is known, was launched back in 1987 at the Sanur Beach Hotel by Darwin criminal practitioners. Keynote speakers have included, among others, Michael Kirby AC CMG, Sir Anthony Mason AC KBE CBE QC, Justice Lex Lasry AM QC, Julian Burnside AO QC, Ian Barker QC, Robert Richter QC, Noel Pearson, and Major Dan Mori. Learn more here.

Request for barristers to judge national equity moot at UNSW

Tue Apr 02 2019
Mooting

The UNSW Private Law Moot sponsored by Allen & Overy is a national mooting competition hosted by UNSW Law. The competition convenors are requesting the assistance of barristers to act as judges in the preliminary round moots on 25 and 26 May at the UNSW Kensington Campus. The problem question this year focuses on issues in trusts and equitable remedies. Moots will run for between 90 mins to 2 hours, and a judging note will be provided to judges in advance.

Teams from universities across Australia as well as Singapore, New Zealand, Pakistan and the South Pacific have competed in this competition. The convenors are grateful to barristers who acted as judges in the competition in 2014 to 2018.

Your time would be greatly appreciated. If you are interested, please contact the competition convenors, at: privatelawmoot@unsw.edu.au.

Please visit https://www.unswlawsoc.org/unsw-private-law-moot/ for more details about the competition.

Reminder of Members’ Obligations under the Professional Standards Scheme

Mon Apr 01 2019
Professional Standards Scheme

All barristers who hold a NSW practising certificate, are a member of the Bar Association and have approved professional indemnity insurance are covered by the New South Wales Bar Association’s Professional Standards Scheme which limits their liability for damages to $1.5 million.

Members covered by the scheme are reminded of the obligation to display the mandatory disclosure statement ‘Liability limited by a scheme approved under professional standards legislation’ 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).

Each year a random audit of members is conducted on the use of the mandatory statement. The last audit undertaken showed that some members had not been displaying the mandatory disclosure statement as required. The main breaches were 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 Ms Kim Kemp on ph 9232 4055, fax 9221 1149 or e-mail kkemp@nswbar.asn.au.

Trust money account – Fees in advance

Mon Apr 01 2019
Standards

Any barrister who has, in the period 1 April 2018 to 31 March 2019, received fees in advance – that is, as described in the Legal Profession Uniform Law Application Regulation 2015 (the LPULAR), money on account of legal costs for legal services in advance of the provision by the barrister of the legal services – must appoint an External Examiner to carry out an examination of the clause 15 account for the period 1 April 2018 to 31 March 2019. Clause 15(2) of the LPULAR also requires that a copy of the External Examination report be provided to the Bar Council by no later than 7 June 2019. The External Examination report template for 2019 is available on the Bar Association’s website under the heading ‘Fees in Advance’ here.

It is essential that a barrister who receives fees in advance examines clause 15 of the LPULAR in detail. Links to the legislation can be found on the Bar Association website at the following link: https://www.nswbar.asn.au/coming-to-the-bar/uniform-law.

Barristers who have previously notified the Bar Association of the opening of a trust money account have been sent letters containing instructions on how to appoint an external examiner.

If you have any questions about the External Examination requirement for 2019, please contact Angela Huang from the Professional Conduct Department on (02) 9232 4055 or by email at pcd@nswbar.asn.au.

Swearing in ceremony for Monica Neville and Anthony Morley

Fri Mar 29 2019
Appointments

A joint ceremonial sitting of the Federal Circuit Court will be held in Courtroom 7C, Level 7, Lionel Bowen Building, 97-99 Goulburn Street, Sydney, at 4:00pm on Monday, 1 April 2019 to welcome Ms Monica Neville and Mr Anthony Dillon Morley as Judges of the Federal Circuit Court of Australia. Brian Knox SC will speak on behalf of the New South Wales Bar and the Australian Bar Association. Barristers should wear robes but not wigs.

How could the election impact your finances?

Fri Mar 29 2019
Member services and benefits

Did you miss the "How could the election impact your finances?" seminar on Monday 25 March?

Dixon Advisory, who presented the seminar, is kindly offering all NSW Bar members a complimentary financial consult in chambers¹. This complimentary consult can help you:

  • understand different tax structures that may be available to you
  • discuss superannuation strategies for high-income earners
  • identify investment opportunities to consider in today’s markets. If you’re interested, please contact local Director Lee Eaton at Lee.Eaton@dixon.com.au or 02 8622 9119. (Don't forget to mention that you are a member of NSW Bar Association) Notes 1. The information provided will be factual information or general advice and has been prepared without taking into account your personal objectives, financial situations or needs. Fees and charges may apply to any services or advice provided following any initial free consultation.

Bar Council casual vacancy

Fri Mar 29 2019
Governance

Paresh Khandhar SC has resigned from his position on Bar Council as of today’s date. In accordance with cl. 12.5.1 of the Bar Association's Constitution, Vanessa Whittaker SC has filled the vacant position as of 29 March 2019.

INSLM to review phone intercepts legislation

Fri Mar 29 2019
Law reform and public affairs

The Parliamentary Joint Committee on Intelligence and Security has exercised its powers to refer the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 to the Independent National Security Legislation Monitor (INSLM), Dr James Renwick SC, for review and report.

This is the first referral to the INSLM in the Committee’s history. Click here to view a full copy of the media release.

Ross McKeand SC (1945 - 2019)

Fri Mar 29 2019
Vale

Ross McKeand SC, a former member of State Chambers died tragically on Tuesday 26 March 2019. Mr McKeand SC came to the bar in February 1979 and retired in 2018.

Members will be advised of funeral arrangements when they are available.

Mentoring Program 2019 - Applications Open

Fri Mar 29 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 Sydney Conference tomorrow

Fri Mar 29 2019
Reminder

The 2019 Sydney CPD Conference is on this Saturday, 30 March 2019. The conference begins at 9.00am with arrival tea and coffee available from 8.30am. The conference will be held on Level 3, Hilton Hotel, George Street. Download the full program here.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department (9232 4919 or cpd@nswbar.asn.au).