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RACS Fast-Track Judicial Review Workshop

Wed Nov 14 2018

Refugee Advice and Casework Service (RACS) will run another fast track judicial review workshop in Sydney, based on the Law Institute of Victoria training materials. It is scheduled for Monday, 26 November 2018, from 6.00–8.00pm at Lander & Rogers in the CBD. Participants will need to prepare by viewing training videos and reading materials. It is a great opportunity for those wanting to contribute to RACS’s judicial review referral service: Justice for Refugees (J4R). For more information, contact Nadine Darling at RACS.

The Refugee Advice & Casework Service (RACS) would like to thank the Bar Association and its members for the ongoing support of our Justice for Refugees, judicial review referral service for people seeking asylum who came by boat. The pro bono support received from barristers since the project began in 2016 has made a tangible difference to the lives of many people. The patron of RACS, the Hon Michael Kirby, said recently: "this is not a good time for the rule of law in Australia….. we have to engage the very best lawyers for those who come seeking sanctuary in our country…. years from now we will look back on this time and we will be surprised at what we have done but we will honour those who have assisted, who can make sure the rule of law is a reality for those who come to us seeking asylum."

Since the commencement of Justice for Refugees (J4R) pro bono barristers have provided 190 opinions on prospects of success for clients who can’t afford legal assistance. Of those, about 70 opinions have been positive and RACS have found instructing solicitors from their network of 18 pro bono law firms to run the matters in the Federal Circuit Court.

But there is much more to do for the fast track group (the people who came by boat after August 13 2012) with just over half of the estimated 7000 fast track applicants in NSW having had their protection visa applications processed. RACS could easily be approached by about 400 more clients needing help. That is why RACS needs more barristers and law firms who are prepared to assist clients who are in genuine need.

Note: The material covered will be the same as the Workshops run on 23 Jan & 28 May 2018.

Litigation on two fronts: when family law and criminal law intersect

Wed Nov 14 2018
CPD Save the Date!

In both parenting and financial litigation in courts exercising family law jurisdiction one (or maybe both) of the parties whose relationship has broken down are simultaneously facing criminal charges or the threat of the same. The evidence may be the same but the procedure and consequences may be vastly different. Navigating the pathway requires some cross-jurisdictional gymnastics and cooperation between practitioners in two specialists jurisdictions. Presenters Suzanne Christie SC and April Francis will discuss some of the issues which arise.

Please note the date has been changed to 27 November to allow practitioners to attend the 'Appeals to the Full Court - Preparation and Procedure, Crafting Grounds and Appellate Advocacy’ event at the Family Court on 21 November.

  • When: After 5pm, Tuesday 27 November 2018 (Start time TBC)
  • Where: New South Wales Bar Association Common Room

Click here for more information.

Litigation on two fronts: when family law and criminal law intersect

Wed Nov 14 2018
CPD Save the Date!

In both parenting and financial litigation in courts exercising family law jurisdiction one (or maybe both) of the parties whose relationship has broken down are simultaneously facing criminal charges or the threat of the same. The evidence may be the same but the procedure and consequences may be vastly different. Navigating the pathway requires some cross-jurisdictional gymnastics and cooperation between practitioners in two specialists jurisdictions. Presenters Suzanne Christie SC and April Francis will discuss some of the issues which arise.

Please note the date has been changed to 27 November to allow practitioners to attend the 'Appeals to the Full Court - Preparation and Procedure, Crafting Grounds and Appellate Advocacy’ event at the Family Court on 21 November.

  • When: After 5pm, Tuesday 27 November 2018 (Start time TBC)
  • Where: New South Wales Bar Association Common Room

Click here for more information.

Indigenous Pre-Law Students visit to the Bar Association - 11 December 2018

Wed Nov 14 2018

As part of the NSW Bar Association’s Reconciliation Action Plan, we host an annual visit from the Indigenous students attending the UNSW pre-law course. This year the visit is on Tuesday 11 December and starts at 9 am in the Bar Association’s common room.

We are seeking volunteers to attend the morning discussion about life as a barrister and then take a small group of students back to Chambers. The objective is to demonstrate to the new law students the role of barristers and to encourage them to see the Bar as a future career option. The morning is followed by a visit to the Supreme Court starting at around 12 noon and then there is a lunch in the common room. Attendance at the Supreme Court visit and lunch is optional for participating barristers.

We need volunteers. Please come for an enjoyable morning and a rewarding exchange with some aspiring law students.

If you are able to attend, please contact Sian McGee at s.mcgee@mauricebyers.com.

We look forward to hearing from you.

Chris Ronalds SC Chair, Indigenous Barristers’ Subcommittee Tony McAvoy SC Chair, First Nations Committee

Coming up in CPD

Tue Nov 13 2018

Thursday, November 22 2018 - How to save a life: seeking orders for health care for detained asylum seekers

Presented by Geoffrey Watson SC, Barrister, New Chambers; Associate Professor Munjed Al Muderis MB ChB FRACS, FAOrthA, Orthopaedic Surgeon and Dr Barri Phatarfod MB BS, President, Doctors for Refugees and chair: Shane Prince SC, Human Rights Committee. Learn more about the seminar here and the speakers here.

This seminar has been organised by the Human Rights Committee of the NSW Bar Association.

Tuesday, November 27 2018- Litigation on two fronts: when family law and criminal law intersect

Presented by Suzanne Christie SC, Culwulla Chambers and April Francis, Forbes Chambers. Learn more here. Please note this seminar will commence at 5.30pm.

This seminar has been organised by the Family Law Committee of the NSW Bar Association.

Wednesday, November 28 2018 - In Conversation with Hament Dhanji SC

Interviewer: Sam Pararajasingham and Interviewee: Hament Dhanji SC. Learn more here.

This seminar has been organised by the Diversity and Equality Committee of the NSW Bar Association.

Tuesday, December 04 2018- The Time is Ripe: The Case for both a Federal and New South Wales Human Rights Act

Presented by Rob Hulls, Director, Centre for Innovative Justice, and former Attorney-General of Victoria, Dr Helen Watchirs OAM, President and Human Rights Commissioner of the ACT Human Rights Commission and Hugh de Kretser, Executive Director of the Human Rights Law Centre. Learn more here.

REGISTRATION IS REQUIRED. To register please click here. Limited places available. Please register early to avoid disappointment.

This seminar has been organised by the Human Rights Committee of the NSW Bar Association in conjunction with the NSW Law Society, Australian Lawyers for Human Rights, Human Rights Law Centre and Gilbert + Tobin

Bench and Bar Tennis Day 2018

Tue Nov 13 2018
Bar sports

The annual Bench & Bar Tennis day will be held as usual on the first Tuesday after the end of term, on 18 December 2017 from 9.00am at the Royal Sydney Golf Club. There are 24 spots available. Registration of the players is done, as always, on a first come, first served basis. Spots will fill up quickly. Water and soft drinks will be available during play, and lunch is provided at the bistro and bar in the clubhouse. If you are interested please let Jane Buncle know, preferably by email to buncle@tenthfloor.org

Banking Royal Commission hearings in the Lionel Bowen Building

Tue Nov 13 2018
News

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry will hold its seventh round of public hearings at the Sydney Family Law Registry, Lionel Bowen Commonwealth Law Courts Building in the week commencing Monday, 19 November 2018 through until Friday, 23 November 2018. The court registry has advised InBrief that, due to the anticipated media and public interest, members of the profession can expect delays accessing the building.

Barristers, Technology and the Future of Legal Practice

Mon Nov 12 2018
The Data Cohort Project

The Bar Association is keen to assist members overcome challenges and barriers to practice through the strategic use of technology, to better understand the changing demand for legal services in the emerging technological landscape, and to improve the competitiveness and long-term viability of the Bar.

The Association recognises that the needs of its members differ. Approved by the Bar Council, this pilot project – called the Data Cohort Project – is intended to assist the Association to gain a better understanding of members across their entire career.

Central to the pilot project is obtaining a census of persons who commenced at the Bar between 1997 and 2017, at five-year intervals, being those cohorts commencing in 1997, 2002, 2007, 2012, and 2017, and whether or not still at the Bar.

In addition to the census, the qualitative component comprises one-on-one interviews from these cohorts (selected at random). Confidential interviews will be conducted by two members of the Committee, Ms Fishburn and Ms Beechey. Information from these qualitative interviews will only be made available in summary format and anonymised.

A report will be produced by the Committee and submitted to Bar Council. Analysis from the Project will also form the basis of a detailed article in Bar News.

Interviews start in November/December. If you are within one of the intake years (1997, 2002, 2007, 2012, and 2017) and you are selected for an interview, we would be very grateful if you are able to find the time to participate.

The project to be conducted by the Innovation and Technology Committee. If you have any questions about this project please contact the Chair of the Innovation & Technology Committee, Michael Green SC, Talitha Fishburn, or Emma Beechey.

Explore discounted dining and attraction offers near you

Mon Nov 12 2018
Member services and benefits

Are you going to RISE2018, the 2018 ABA & NSWBA National Conference? Use your Bar Association member benefits map to find discounted dining venues and enjoy 2-for-1, percentages off or complimentary extras*.

Use your Bar Association login to visit your member dashboard. Click on the Member Advantage tab to access your benefits website during the conference. Once you are logged in, simply click “Benefits Near Me” to bring up a range of participating venues available around the your location.

Found your venue? Click on Redeem to bring up the digital benefits card and apply your discount when you are at the venue.

For more information, login to your New South Wales Bar Association Member Dashboard and click on the Member Benefits tab or call 1300 853 352.

*Terms and conditions apply, see website for more details.

Advanced Trial Advocacy Intensive

Mon Nov 12 2018
Continuing Professional Development

The Australian Bar Association will hold the 13th Advanced Trial Advocacy Intensive between 21 and 25 January 2019 in Melbourne. This is a residential five day course for barristers looking to take their advocacy skills to the next level. The course focuses on developing strengths in addressing, examining-in-chief and cross-examining. Learn more here.

Advanced Trial Advocacy Intensive

Mon Nov 12 2018
Continuing Professional Development

The Australian Bar Association will hold the 13th Advanced Trial Advocacy Intensive between 21 and 25 January 2019 in Melbourne. This is a residential five day course for barristers looking to take their advocacy skills to the next level. The course focuses on developing strengths in addressing, examining-in-chief and cross-examining. Learn more here.

Bar Book Club

Mon Nov 12 2018
Wellbeing

The next meeting of the Bar Book Club is scheduled for 20 November 2018 at 5.30pm in the Bar Library. The book chosen for discussion is Warlight by Michael Ondaatje and here is a link to assist in your reading.

How to save a life: seeking orders for health care for detained asylum seekers

Mon Nov 12 2018
CPD Save the Date!

The courts have recently made orders requiring the Australian Government to provide medical treatment in Australia to detained asylum seekers. These orders have been made in life threatening situations and are a tribute to the court system and the work done by lawyers, assisted by medical professionals, in dealing with those proceedings.

In this CPD, Geoffrey Watson SC of the NSW Bar will draw on his experience as advocate in proceedings of this kind to discuss the legal and practical steps required to obtain an urgent injunction to facilitate medical treatment in Australia for detained asylum seekers. In addition, two medical professionals, Associate Professor Munjed Al Muderis and Dr Barri Phatarfod, will share their insights into the medical services needed in the detention environment. Learn more here.

  • When: 5.15pm, Thursday 22 November 2018
  • Where: New South Wales Bar Association Common Room

This seminar has been organised by the Human Rights Committee of the NSW Bar Association.

The Time is Ripe: The Case for both a Federal and New South Wales Human Rights Act

Mon Nov 12 2018
CPD - Register Now!

On 10 December 1948 the Universal Declaration of Human Rights was adopted by the United Nations General Assembly.

To celebrate the 70th Anniversary of the UDHR, the NSW Bar Association, in collaboration with the NSW Law Society, Australian Lawyers for Human Rights and Human Rights Law Centre, invite you to this special CPD event hosted by Gilbert + Tobin.

The seminar will focus on the case for the introduction of both a Federal and New South Wales Human Rights Act, and aims to bring barristers and other lawyers together to encourage dialogue and increase the momentum for this legislation. Learn more here.

REGISTRATION IS REQUIRED. To register please click here. Limited places available. Please register early to avoid disappointment.

This seminar has been organised by the Human Rights Committee of the NSW Bar Association in conjunction with the NSW Law Society, Australian Lawyers for Human Rights, Human Rights Law Centre and Gilbert + Tobin

Litigation on two fronts: when family law and criminal law intersect

Mon Nov 12 2018
CPD Save the Date!

In both parenting and financial litigation in courts exercising family law jurisdiction one (or maybe both) of the parties whose relationship has broken down are simultaneously facing criminal charges or the threat of the same. The evidence may be the same but the procedure and consequences may be vastly different. Navigating the pathway requires some cross-jurisdictional gymnastics and cooperation between practitioners in two specialists jurisdictions. Presenters Suzanne Christie SC and April Francis will discuss some of the issues which arise.

Please note the date has been changed to 27 November to allow practitioners to attend the 'Appeals to the Full Court - Preparation and Procedure, Crafting Grounds and Appellate Advocacy’ event at the Family Court on 21 November.

  • When: 5.30pm, Tuesday 27 November 2018
  • Where: New South Wales Bar Association Common Room

Click here for more information.

The Hon Murray Rutledge Wilcox AO QC (1937-2018)

Mon Nov 12 2018
Vale

The Hon Murray Wilcox AO QC, former judge of the Federal Court of Australia and former chief justice of the Industrial Relations Court of Australia, died on Thursday, 8 November 2018. Mr Wilcox was admitted to the New South Wales Bar in 1963 and appointed senior counsel in 1977. He was appointed to the Federal Court in 1984 and retired on 22 September 2006, which made him, at that time, the longest-serving judge in the history of the court.

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

Found - Wig Tin

Fri Nov 09 2018
Lost & Found

The associate to Her Honour Judge Hugget in Downing 2.1 has located an empty wig tin in her court. The tin is quite new and is inscribed in a foreign language. Click here to see a picture of the tin & inscription.

If this is yours or you know its owner please call Michelle Nisbet at the Bar Association on 9229 1713.

The Rule of Law in the Age of Statutes

Fri Nov 09 2018

The next AACL seminar will be held on Wednesday, 21 November 2018. Details below are below:-

The Rule of Law in the Age of Statutes

  • Date: Wednesday, 21 November 2018
  • Time: 5.15–7.00pm (with AGM to take place from 5.15-5.30pm)
  • Place: Federal Court of Australia, Queens Square (Courtroom 18A)
  • Speaker: Dr Lisa Burton Crawford, UNSW
  • Commentators: Justice John Basten, New South Wales Court of Appeal Mr Stephen Lloyd SC, Sixth Floor Selborne/Wentworth
  • Chair: Ms Anna Garsia, 12 Wentworth Selborne

Supreme Court commemoration of Armistice Day

Fri Nov 09 2018

The Supreme Court commemorates the sacrifice and service of the New South Wales Legal Profession in the First World War by telling the stories of the New South Wales lawyers who were there.

  • When: Monday, 12 November 2018
  • Time: 5:15 PM
  • Venue: Banco Court Level 13, Law Courts Building Queens Square, Sydney

For more information click here.

Law & Justice Foundation of NSW - Research Alert

Fri Nov 09 2018

The Law & Justice Foundation of New South Wales has today released a research report titled Data Insights in Civil Justice: NSW Supreme Court. To access the Research Alert click here.

Key findings include:-

  • About one in five cases involved mortgagee repossessions, about one in six cases involved family provision claims and corporations list cases were the third most common
  • One-third of cases were e-filed but this varied dramatically by list – from 78.6% in the possession of land list to none in the proceeds of crime list
  • Half of first plaintiffs were individuals and half were organisations
  • Legal representatives were recorded for at least one plaintiff in 96% of cases, but for at least one defendant in only 57% of cases

A full copy of the report can be found here.

Litigation on two fronts: when family law and criminal law intersect

Fri Nov 09 2018
CPD Save the Date!

In both parenting and financial litigation in courts exercising family law jurisdiction one (or maybe both) of the parties whose relationship has broken down are simultaneously facing criminal charges or the threat of the same. The evidence may be the same but the procedure and consequences may be vastly different. Navigating the pathway requires some cross-jurisdictional gymnastics and cooperation between practitioners in two specialists jurisdictions. Presenters Suzanne Christie SC and April Francis will discuss some of the issues which arise.

Please note the date has been changed to 27 November to allow practitioners to attend the 'Appeals to the Full Court - Preparation and Procedure, Crafting Grounds and Appellate Advocacy’ event at the Family Court on 21 November.

  • When: After 5pm, Tuesday 27 November 2018 (Start time TBC)
  • Where: New South Wales Bar Association Common Room

Click here for more information.

The Time is Ripe: The Case for both a Federal and New South Wales Human Rights Act

Fri Nov 09 2018
Professional Development

On 10 December 1948 the Universal Declaration of Human Rights was adopted by the United Nations General Assembly.

To celebrate the 70th Anniversary of the UDHR, the NSW Bar Association, in collaboration with the NSW Law Society, Australian Lawyers for Human Rights and Human Rights Law Centre, invite you to this special CPD event hosted by Gilbert + Tobin.

The seminar will focus on the case for the introduction of both a Federal and New South Wales Human Rights Act, and aims to bring barristers and other lawyers together to encourage dialogue and increase the momentum for this legislation. Learn more here.

REGISTRATION IS REQUIRED. To register please click here. Limited places available. Please register early to avoid disappointment.

This seminar has been organised by the Human Rights Committee of the NSW Bar Association in conjunction with the NSW Law Society, Australian Lawyers for Human Rights, Human Rights Law Centre and Gilbert + Tobin

Delivering Transparency to Mercy Decisions

Fri Nov 09 2018

The use of an ancient power to pardon offenders for their crimes will be made more transparent, Attorney General Mark Speakman announced today.

The Royal prerogative of mercy has been exercised by monarchs for almost a millennium, mostly in secret.

“Such secrecy might have been appropriate under Edward the Confessor in the eleventh century, but in modern-day NSW it’s time to lift the veil of mystery. If passed, new legislation, to be introduced by the end of this year, will make NSW the first jurisdiction in Australia to regularly share these details with the community,” Mr Speakman said.

“The Royal prerogative of mercy is exercised in favour of offenders only in extraordinary cases. But it’s important that the Government maintains a process that properly balances the principles of open justice with any need to protect the privacy of individuals.”

Click here to see the full release.

Bar Association office bearers for 2019

Thu Nov 08 2018

At a meeting of the Bar Council on the evening of 8 November 2018, the following were elected as office bearers of the Bar Association:

  • President: Tim Game SC
  • Senior Vice-President: Andrew Bell SC
  • Junior Vice-President: Michael McHugh SC
  • Treasurer: Anna Mitchelmore SC
  • Hon. Secretary: Catherine Gleeson

ACT Coroners Court - 2018 Asia Pacific Coroners Society Annual Conference

Thu Nov 08 2018

You are warmly invited to the 2018 Asia Pacific Coroners Society Annual Conference, hosted this year by the ACT Coroners Court and Chief Coroner Lorraine Walker, between Wednesday 14 and Friday 16 November 2018 at the QT Hotel.

The theme for the 2018 conference is “Three cats in a freezer and other tales” and it is expected to be an interactive event focused on the local practitioner experience and partnerships of national and international application. Highlights of this year’s conference include:

  • Welcome reception in the newly redeveloped ACT Courts building
  • Keynote address from Professor Patrick McGorry AO, 2010 Australian of the Year and leading advocate in respect of youth mental health
  • A presentation on MH17 and the Disaster Victim Identification process undertaken in that case, from Chief Air Marshall Sir Angus Houston AK AFC (R’td) and AFP DVI Commander Rod Anderson

Registrations are open, and the program for the conference is available, via the website here.

If you can’t make the whole conference, you can book to just come to the Conference Gala Dinner at the National Arboretum on Thursday 15 November 2018 from 6:30pm – 11:00pm (buses leaving from the QT Hotel at 6pm). Tickets are $180. The night will be compered by Chief Coroner Walker, and you will enjoy a three course dinner with beverage package; entertainment from The Baker Boys Band and Jumptown Swing providing swing dance lessons and demonstrations. Please register by COB Tuesday here.