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New practice note commences on 1 January 2018

Fri Dec 15 2017
Practice and procedure

Chief Justice the Hon T F Bathurst AC has re-issued Practice Note SC CA 1 – Court of Appeal, which commences operation 1 January 2018, and replaces the previous practice note issued on 27 March 2009. Learn more here.

Gift ideas for the festive season

Fri Dec 15 2017
Member 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 a range of gift cards, wine, electrical appliances, holiday destinations and motor vehicles. Learn more here.

Fiduciary Duties in a Corporate and Commercial Context

Fri Dec 15 2017
Papers to note

The papers for the Supreme Court Corporate and Commercial Law Conference, 2017: Fiduciary Duties in a Corporate and Commercial Context, held in the Bar Association Common Room on 15 November 2017, are now available on the Supreme Court of New South Wales website. Papers were presented by the Honourable Justice Fabian Gleeson, the Honourable Justice Ashley Black, Ms Rebecca Maslen-Stannage of Herbert Smith Freehills, and Professor Pamela Hanrahan of the University of New South Wales.

Thawley SC appointed to the Federal Court of Australia

Fri Dec 15 2017
Appointments

President Arthur Moses SC has welcomed the announcement that Tom Thawley SC has been appointed as a judge of the Federal Court of Australia.

"Tom Thawley was called to the New South Wales Bar in February 1998 and took silk in 2012. He will make a significant contribution to the important work of the Federal Court in the administration of justice", said Mr Moses.

Thawley SC will be sworn-in at a ceremonial sitting on 14 February 2018.

Julia Baird SC appointed to the Federal Circuit Court

Fri Dec 15 2017
Appointments

President Arthur Moses SC has welcomed the appointment of Julia Baird SC as a judge of the Federal Circuit Court of Australia.

"Julia was called to the New South Wales Bar in 1992 and took silk in 2008. She will make an important contribution to the court and to the administration of justice", Mr Moses said.

View the attorney general's announcement here.

Message from the President re Barrister Select

Thu Dec 14 2017

Barrister Select and Lawyers Weekly have recently published and distributed material bearing the heading “Are you aware the way to brief Sydney barristers has changed?”

Based on the information that is presently available to the Association, it appears that this material was distributed by email, via a Lawyers Weekly email address (promotions@lawyersweekly.com.au), on Friday 8 December 2017. The email was received by a large number of our members and, presumably, also by solicitors, corporate and government legal departments and members of the public generally. The email, which was distributed on Friday, has generated a number of complaints by our members and clerks. The Association is presently unaware whether similar material has been published or distributed via other means. In the opinion of the Association, the heading is highly misleading to consumers of legal services and has the potential to cause confusion. The words “the way to brief” may well be understood to suggest that the only way to brief Sydney barristers is now through Barrister Select. Plainly, that is not the case. Such an erroneous suggestion made to solicitors, corporate and government legal departments, members of the public is potentially highly damaging to barristers and chambers who are have not agreed to have any involvement with Barrister Select. The publication therefore presents a false picture of the briefing options which exist in relation to “Sydney barristers”.

In the circumstances, the Association has yesterday requested that each of Barrister Select and Lawyers Weekly take steps to inter alia publish a correction or retraction of the material that was published on Friday and to make clear that Barrister Select is not the only way of briefing Sydney barristers and in no way limits the ways in which Sydney barristers may be briefed.

Members may be aware that Barrister Select approached at least some chambers and individual barristers to agree to list on the site. Some agreed to do so. Some did not. Members should be aware that the Barrister Select website lists chambers and barristers who have not agreed to participate. This has caused a number of chambers to require Barrister Select to remove their chambers and their members from the site. Chambers and members may wish to conduct their own enquiries in this regard.

Members and clerks will be kept informed of developments.

The Sword of Damocles

Thu Dec 14 2017
Save the date

On 16 March 2018 the Bar Association will host an all-day CPD at the Federal Court. Titled "The Sword of Damocles" it will analyse and discuss regulators’ powers to determine the forum for judicial regulation of particular conduct, the different regimes engaged and the different outcomes that then follow.

It will be open to the professional generally to examine the unique world of regulatory litigation and in particular decisions made by regulators to pursue matters on a civil, criminal or administrative basis, the different regimes engaged and a consideration of the different outcomes that follow from those decisions.

Speakers include: Tim Game SC, the Honourable Justice Payne of the Court of Appeal, Neil Williams SC, Elizabeth Cheeseman SC and Ray McGuinness (solicitor at Webb Henderson). A panel in the afternoon will include: the Chief Justice of the Federal Court, the Commonwealth Director of Public Prosecutions, Sarah McNaughton SC, Wendy Peter of the ACCC, Chris Savundra of ASIC and from the Sydney Bar: Bret Walker SC, Tim Game SC and Kristina Stern SC.

The event is by registration only. Registrations will open in January.

Bench & Bar Tennis Day Update

Wed Dec 13 2017
Bar sports

There is one last playing position available for the tennis day on the magnificent grass courts of the Royal Sydney Golf Club next Tuesday, 19 December at 9.00am. Please express your interest by email to Richard Lancaster and Jennifer Campbell.

The final playing position will be allocated to the first person to reply – and if you would like to be placed on a reserves list, please indicate that and we will be in touch if anyone else needs to withdraw.

2018 Personal Injury/Common Law Conference

Tue Dec 12 2017

Registrations are OPEN for the 2018 Personal Injury and Common Law Conference, which will be held at the Hilton Sydney on Saturday 3 March.

The conference offers 5 CPD points.

The conference runs from 9:00am to 3.00pm. Morning tea and a stand-up buffet lunch will be provided. For more details about the conference and the costs involved please click here

Registrations are open to NSW barristers that currently hold a practising certificate and places in the conference are strictly limited. To register and pay to secure your place please click here

A detailed program will be made available over the coming weeks. The program will be advertised in In Brief as well as on the NSW Bar Association Website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department (9223 4919 or cpd@nswbar.asn.au).

2018 Regional CPD Conference Series - Programs

Tue Dec 12 2017

We are pleased to announce the release of the draft programs for 2018 Regional CPD Conference Series.

  • Saturday, 17 February 2018 - North Coast - Program
  • Saturday, 24 February 2018 - Parramatta - Program
  • Saturday, 10 March 2018 - Newcastle - Program
  • Saturday, 17 & Sunday, 18 March 2018 - Orange - Program
  • Saturday, 24 March 2018 – Sydney - Program

Registrations are OPEN. For more details about each venue, speakers and the costs involved please click here

The conferences are run by registration only and places in each conference are strictly limited. To register and pay to secure your place please click here

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department on 02 9232 4919 or via e-mail cpd@nswbar.asn.au

2018 Regional CPD Conference Series - Programs

Mon Dec 11 2017

We are pleased to announce the release of the draft programs for 2018 Regional CPD Conference Series.

  • Saturday, 17 February 2018 - North Coast - Program
  • Saturday, 24 February 2018 - Parramatta - Program
  • Saturday, 10 March 2018 - Newcastle - Program
  • Saturday, 17 & Sunday, 18 March 2018 - Orange - Program
  • Saturday, 24 March 2018 – Sydney - Program

Registrations are OPEN. For more details about each venue, speakers and the costs involved please click here

The conferences are run by registration only and places in each conference are strictly limited. To register and pay to secure your place please click here

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department on 02 9232 4919 or via e-mail cpd@nswbar.asn.au

2018 Personal Injury/Common Law Conference

Mon Dec 11 2017

Registrations are OPEN for the 2018 Personal Injury and Common Law Conference, which will be held at the Hilton Sydney on Saturday 3 March.

The conference offers 5 CPD points.

The conference runs from 9:00am to 3.00pm. Morning tea and a stand-up buffet lunch will be provided. For more details about the conference and the costs involved please click here

Registrations are open to NSW barristers that currently hold a practising certificate and places in the conference are strictly limited. To register and pay to secure your place please click here

A detailed program will be made available over the coming weeks. The program will be advertised in In Brief as well as on the NSW Bar Association Website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department (9223 4919 or cpd@nswbar.asn.au).

Vale George Miller

Mon Dec 11 2017

George Miller, former chief industrial magistrate and magistrate, has died. Members will be advised of funeral arrangements as soon as they are known.

Farewell to her Honour Judge Sexton

Fri Dec 08 2017

A ceremonial sitting of the Federal Circuit Court will be held in Courtroom 7C, Level 7, Lionel Bowen Building, 97-99 Goulbum Street, Sydney, at 4.30pm on Wednesday, 20 December 2017 to farewell her Honour Judge Robyn Sexton as a judge of the Federal Circuit Court of Australia. Michael Kearney SC will be speaking on behalf of the Bar Association.

RACS needs your support

Fri Dec 08 2017

Charity at the New South Wales Bar

On 11 October 2017 the Bar Association hosted a special event in honour of Refugee Advice & Casework Service (RACS) with Professor Gillian Triggs and The Hon Michael Kirby AC. Those who attended heard about the extraordinary work of RACS which provides free, highly specialised legal services to vulnerable, financially disadvantaged people seeking asylum.

RACS now has another very serious challenge and they are reaching out for support. After lodging their visa applications (stage 1), people now need to do written submissions and attend government interviews, requiring 10+ hours of face-to-face time per person. RACS’s goal is to assist 1,000 individuals and families including 300 Rohingya, through this process.

RACS lawyer Rawan Arraf discusses current crisis.

This Christmas, please help to ensure that no one faces the complex legal process of seeking asylum alone.

The link to donate is here.

Bar Council business for June-August 2017

Fri Dec 08 2017

Bar Council met on 8 & 22 June, 27 July and 10 August in the boardroom of the New South Wales Bar Association. Matters reported elsewhere in In Brief are omitted from this summary of Bar Council business. Bar Council regularly considers requests by the attorney general, the courts and other agencies for advice on proposed legislation. Because that advice is sought on a confidential basis, it is not noted here. Any member interested in a particular matter should contact the executive director. View the minutes for 8 June, 22 June, 27 July and 10 August.

Vale Sol Bellear AM

Fri Dec 08 2017

Statement from Arthur Moses SC, President of the New South Wales Bar Association, on the passing of Sol Bellear AM

The New South Wales Bar Association notes with great sadness the passing of Sol Bellear AM on 30 November 2017. Sol had accepted my invitation to address the Bar at a function on Monday, 11 December 2017 to mark the 25th Anniversary of the Redfern Park Speech. As a mark of respect to Sol’s family and friends, we have postponed the function until early next year. We, as a nation, are diminished by the unexpected loss of this inspirational Australian. Sol dedicated his life to the betterment of Indigenous people. He fought tirelessly against injustice and inequality, which, sadly, continues to be a stain on our nation’s character.

Sol Bellear enjoyed the respect and admiration of lawyers across New South Wales, young and old. He was the inaugural chairperson of the Aboriginal Legal Service and the long-serving chairperson of the Aboriginal Medical Service in Redfern. He was also a champion of Justice Reinvestment, which continues to offer one of the few promising ways to break the tragic cycle of Aboriginal disadvantage, crime, incarceration and reoffending in western New South Wales.

Sol was, of course, a Bundjalung man from Mullumbimby and a staunch advocate for land rights. In more recent times, he supported the Uluru Statement from the Heart. His funeral will be held at 11.00am on Saturday, 9 December 2017 at Redfern Oval.

On behalf of the NSW Bar, I extend my deepest condolences to his family and friends.

ABA Silks Ceremony and Dinner

Thu Dec 07 2017

The Australian Bar Association will hold its annual dinner on the night of the new silks taking their bows in the High Court. The dinner will be held in the Great Hall of the High Court in Canberra on Monday, 5 February 2018 at 7.00pm for 7.30pm. All judges and barristers, not just the new silks, and their partners are invited to attend. Dress for the evening is formal and the cost for the dinner is $400 per person (including GST). Members of the judiciary and friends of counsel who wish to attend the dinner should complete an RSVP, together with the appropriate payment, by Wednesday, 17 January 2018.

2018 Personal Injury/Common Law Conference

Thu Dec 07 2017

Registrations are OPEN for the 2018 Personal Injury and Common Law Conference, which will be held at the Hilton Sydney on Saturday 3 March.

The conference offers 5 CPD points.

The conference runs from 9:00am to 3.00pm. Morning tea and a stand-up buffet lunch will be provided. For more details about the conference and the costs involved please click here

Registrations are open to NSW barristers that currently hold a practising certificate and places in the conference are strictly limited. To register and pay to secure your place please click here

A detailed program will be made available over the coming weeks. The program will be advertised in In Brief as well as on the NSW Bar Association Website.

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department (9223 4919 or cpd@nswbar.asn.au).

2018 Regional CPD Conference Series - Programs

Thu Dec 07 2017

We are pleased to announce the release of the draft programs for 2018 Regional CPD Conference Series.

  • Saturday, 17 February 2018 - North Coast - Program
  • Saturday, 24 February 2018 - Parramatta - Program
  • Saturday, 10 March 2018 - Newcastle - Program
  • Saturday, 17 & Sunday, 18 March 2018 - Orange - Program
  • Saturday, 24 March 2018 – Sydney - Program

Registrations are OPEN. For more details about each venue, speakers and the costs involved please click here

The conferences are run by registration only and places in each conference are strictly limited. To register and pay to secure your place please click here

For any questions about CPD requirements, conferences or the general CPD program, please contact the Professional Development Department on 02 9232 4919 or via e-mail cpd@nswbar.asn.au