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Sydney University Rainbow Moot 2018 – seeking volunteer judges

Fri Sep 07 2018

Sydney University Law Society (SULS) is holding its inaugural Rainbow Moot in October 2018. The Rainbow Moot Competition is an opportunity for LGBTIQ law students to moot before LGBTIQ legal practitioners in a friendly and supportive environment. SULS is seeking the assistance of four LGBTIQ barristers to participate in the moot as judges. Moots will be held on the following dates from 6pm at the University of Sydney:

• Monday, 8 October; • Wednesday, 10 October; • Thursday, 11 October; and • Thursday, 25 October (grand final).

If you would like to volunteer or seek more information, please email the Association’s Senior Policy Lawyer, Ting Lim at here.

2019 Regional Conference Series

Fri Sep 07 2018
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 2019 CPD Conference series. The conferences will be held on Saturdays in Ballina, Newcastle, Orange, Parramatta and Sydney during February and March.

The dates for 2019 Conferences are:

  • Newcastle – Saturday 23 February
  • North Coast (Ballina) – Saturday 2 March
  • Orange – Saturday 9 March (Please note, from 2019 Orange will be a single day Saturday conference due to falling demand)
  • Parramatta - Saturday 23 March
  • Sydney – Saturday 30 March

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.

Suggestions and abstracts are requested by Monday 1 October.

Room for Sale - Maurice Byers Chambers

Thu Sep 06 2018

A rare opportunity has become available to purchase an external room with plenty of natural light in a well-established, recently renovated, busy chambers.

The size of the room is approximately 36sqm and has large windows with exceptional sweeping panoramic views overlooking North and South Heads and Sydney Harbour Bridge. The room has an extensive new fit-out with large built-in cupboards and shelving and robing space. The room is suited to Senior Counsel. Click herefor photos.

The chambers comprises 51 barristers including 8 Silks, with broad areas of practice, specialising in Medical Negligence, Criminal Law¸ Coronial Inquiries and Inquests as well as Commissions of Inquiry and Personal Injury.

For more information about the room or the floor visit the website here.

All applications or inquiries should be directed to the chambers Clerk Melissa Brown via email here or by phone on 82330300 and will be treated in strict confidence.

Family Law E-filing coming soon

Thu Sep 06 2018

In October the Family Court of Australia and the Federal Circuit Court of Australia will release enhancements to improve efiling on the Commonwealth Courts Portal. Click here to access the Portal.

For more information on the enhancements please click here.

Public Law weekend - hosted by ANU - 2 & 3 November

Thu Sep 06 2018

The Public Law Weekend, hosted by the ANU Centre for International and Public Law, is one of Australia’s pre-eminent public law conferences. This year’s program will focus primarily on administrative law with a special emphasis on celebrating administrative law at the ANU, particularly the stellar careers of Emeritus Professors Robin Creyke AO and John McMillan AO.

Confirmed speakers include: the Hon Justice Stephen Gageler, the Hon Justice John Basten, the Hon Justice John Griffiths, the Hon Justice Rachel Pepper, the Hon Justice Janine Pritchard, Gabrielle Appleby, Mark Aronson, Judith Bannister, Will Bateman, Janina Boughey, Lisa Burton Crawford, Robin Creyke, Matthew Groves, Graeme Hill, Leighton McDonald, John McMillan, Dennis Pearce, Kim Rubenstein, Kristina Stern SC, Daniel Stewart and Greg Weeks.

Further information can be found at the conference website.

NCAT Legal Bulletin No 5 of 2018

Thu Sep 06 2018

The NSW Civil and Administrative Tribunal (NCAT) has publishes the NCAT Legal Bulletin – an e-newsletter highlighting interesting case law from NCAT’s jurisdiction, and other useful information significant to the tribunal’s work. Issue 9 of 2017 can be viewed here.

National Indigenous Legal Conference 2018

Thu Sep 06 2018

The title of the National Indigenous Legal Conference for 2018 is Sovereign Laws, People and Voices and will be hosted by the University of Western Australia on 25 & 26 September 2018.

For more information please click here or to register please visit the NILC2018 website here.

Cyber security alert

Thu Sep 06 2018
Practice support

Some members have received an an email purporting to be from Paul Menzies QC with the subject line "Urgently Review". The email asks the receiver to open an "Attached Secure File". Email security company Mimecast has tested the link and believes it could, potentially, compromise the recipient’s computer. If you receive this email please delete it immediately. Do not click the links. For more information on cyber security, visit the Australian Government's Stay Smart Online website.

EAGP Mandatory Case Conference bookings

Wed Sep 05 2018
Practice support

In most Early Appropriate Guilty Plea case conferences, the NSW ODPP prosecutors will participate by AVL, while the defence lawyer can choose between attending a conference at a Legal Aid office or by AVL using their own device. Case conferences can be be arranged through JUST Connect, a web-based system used to book AVL studios at correctional centres and Legal Aid offices. Learn more about JUST Connect, and how to make a booking here.

ALHR & NJP Human Rights Dinner - Tickets now on sale

Wed Sep 05 2018

Tickets are now on sale for the ALHR - NJP Human Rights Dinner being held on 26 October 2018 at 7.00pm at the Sky Phoenix Restaurant, 188 Pitt Street Sydney.

Join Australian Lawyers for Human Rights and the National Justice Project for dinner to support their work to protect and promote human rights in Australia. Special guest speakers are Tony McAvoy SC and Larissa Behrendt. For further information and to book please click here.

AACL seminar - executive power after Paper and Williams

Wed Sep 05 2018

The next seminar of the Australian Association of Constitutional Law, "The Executive Power of the Commonwealth after Pape and Williams", will be held on 19 September 2018. Details are as follows:-

  • Date: Wednesday, 19 September 2018
  • Time: 5.30–7.00pm
  • Place: Federal Court of Australia, Queens Square (Courtroom 1 on Level 21)
  • Speaker: Professor Peter Gerangelos, University of Sydney
  • Commentators: Chief Justice James Allsop, Federal Court of Australia, Ms Naomi Sharp SC, Sixth Floor Selborne/Wentworth
  • Chair: Ms Talia Epstein, 12 Wentworth Selborne

When to notify the Bar Council

Wed Sep 05 2018
Professional Conduct

The Uniform Law legislation requires a barrister to notify the Bar Council of certain matters, including the following –

  • becoming bankrupt, being served with notice of a creditor’s petition and/or presentation of a debtor’s petition [sections 86 and 88 of the Legal Profession Uniform Law (NSW)];
  • other bankruptcy-related events [set out in the definition of ‘bankruptcy-related event’ in section 6 of the Legal Profession Uniform Law (NSW)];
  • being charged with, or convicted of, a serious offence or a tax offence [see rule 15 of the Legal Profession Uniform General Rules 2015 and section 51 of the Legal Profession Uniform Law (NSW)]. Conviction includes a finding of guilt or the acceptance of a guilty plea [see section 6 of the Legal Profession Uniform Law (NSW)];
  • being convicted of certain summary offences [see rule 15 of the Legal Profession Uniform General Rules 2015];
  • change of practice address or other contact details [see clause 61 of the Legal Profession Uniform Law Application Regulation 2015]. A notification form is available here.

In each case notice is required to be given to the Bar Council in writing within seven days of the event.

In addition a barrister who opens a trust money account for the purpose of receiving fees in advance is required to notify the Bar Association of certain particulars of the account within 14 days of opening the account [see clause 15 of the Legal Profession Uniform Law Application Regulation 2015]. A notification form for the opening of a trust money account is available here.

For the assistance of members, an outline of the notifications which barristers are required to make is available here. The outline has been prepared by Ed Muston SC as part of presentation of his CPD seminar on disclosures delivered at the Bar Association on 20 March 2018. It is recommended that barristers watch the online CPD for full details. The online presentation may be accessed by logging in to your CPD account here.

Notification of change of practice address or other contact details can be forwarded to the Bar Association’s Certification and Legal Officer, Abha Malla, by email, click here.

For any enquiries relating to a clause 15 trust money account, please contact the Bar Association’s Legal Officer, Angela Huang, on (02) 9232 4055 or by email here.

If you have any other questions regarding notification obligations, please contact the Bar Association’s Professional Conduct Department on (02) 9232 4055.

Retirement Ceremony of the Hon Chief Justice John Pascoe AC CVO

Tue Sep 04 2018

Members are advised a joint ceremony of the Family Court of Australia and the Federal Circuit Court of Australia will be held on Monday 8 October 2018 to mark the retirement of the Honorable Chief Justice John Pascoe AC CVO, Chief Justice of the Family Court of Australia.

The ceremony will be held at 4.30pm in Court 1, Level 21, Law Courts Building, Queen's Square, Sydney

Swearing-in ceremony for Kelly Rees SC

Tue Sep 04 2018
Appointments

Kelly Rees SC will be sworn in as a judge of the Supreme Court of NSW on Wednesday, 5 September 2018 at 9.15am in the Banco Court. Barristers should wear wigs and gowns. Senior counsel should wear full-bottomed wigs.

Update on Bugmy principles and presenting evidence of disadvantage - registration closes today

Tue Sep 04 2018

The Public Defenders are hosting a panel discussion on “An update on Bugmy principles and presenting evidence of disadvantage” on Wednesday, 5 September from 5 - 6:30 pm at Public Defenders’ Chambers, level 23/1 Oxford Street Darlinghurst.

The panel members are Judge Dina Yehia SC, Sophia Beckett, Public Defender and Vanessa Edwige, psychologist and member of the Australian Indigenous Psychological Association, with Tom Quilter, Public Defender, as panel chair.

Please RSVP by email here by Tuesday 4 September. Limited numbers only.

Supreme Court Equity Division - Online Court Protocol update

Tue Sep 04 2018

The Chief Justice, the Honourable T F Bathurst AC, re-issued Practice Note SC Eq 1 – Case Management on 31 August 2018. Click here for a copy.

The Protocol commences operation, 5 September 2018. It applies to all cases in the Equity Division General List that are case managed by the Registrar in Equity and should be read in conjunction with Supreme Court Practice Note SC Eq 1.

Bar FC to compete in Tri State Championship

Tue Sep 04 2018
Bar sports

On Saturday 8 September 2018 Bar FC will head south to Melbourne to compete in the annual Tri State Championship against the might of the Victorian and Queensland Bar.

As winners of the silverware last year, Sir Alex is expecting a strong performance from his charges to ensure the retention of the top gong. Captain Simon Philips will lead his eleventh campaign, ably assisted by founding member and best goalkeeper to wear the blue, John Harris. David (Patchildinho) Patch is also making the trip down south. Whilst his pace may be waning, his gamesmanship is legendary and will ensure our opposition is kept guessing. Newcomers have also provided an injection of pace and guile that should mean the competition is a spectacle for the lovers of the world game. Talk also of Lo Surdo SC returning to the pitch as a player has caused nervousness amongst the opposition ranks – they are worried that he may be NSW”s equivalent to Ronaldo. Also great to see Gillian (the Enforcer) Mahony back after injury. Her presence in the midfield means that the backs will probably not have much to do.

Please wish the squad below all the best this week as they attempt to do NSW proud

  • Jeh Coutinho
  • Faraz Maghami
  • Geoff O’Shea
  • Simon Philips (C)
  • Nick Condylis
  • Hugh Morrison
  • John Harris (GK)
  • Vahan Bedrossian
  • Rohan de Meyrick
  • David Patch
  • Anais D’Arville
  • Richard di Michiel
  • Thomas Liu
  • Nicole Compton
  • Ivan Griscti
  • Gillian Mahony
  • Houda Younan
  • Lo Surdo SC

More resources needed for rehabilitation in the juvenile justice system

Mon Sep 03 2018
Law reform and public affairs

Today's Sydney Morning Herald features a report on violence and safety issues in the NSW Juvenile Justice system. In response, President Arthur Moses SC has called for more funding for rehabilitation and safety.

"A society is judged by how it treats its children. Detaining children should always be a last resort. However, when detention does occur as sometimes it must, we have a duty to ensure these centres are properly resourced so the focus is on rehabilitation, not punitive action, and the safety of both juveniles and staff," Mr Moses SC said.

The president also drew attention to the disproportionate number of young detainees in NSW who are Indigenous.

Supreme Court Equity Division - Online Court Protocol

Fri Aug 31 2018

The Chief Justice, the Honourable T F Bathurst AC, has today issued Practice Note SC EQ 14 – Online Court Protocol. Click here for a copy.

The Protocol commences operation, 5 September 2018. It applies to all cases in the Equity Division General List that are case managed by the Registrar in Equity and should be read in conjunction with Supreme Court Practice Note SC Eq 1.

Save the date: 2019 Personal Injury/Common Law Conference

Fri Aug 31 2018
Professional development

The 2019 Personal Injury and Common Law Conference will be held on Saturday 16 March.

Speaker details and online registration will be made available over the coming months. These will be advertised in InBrief 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 on 02 9232 4919 or via e-mail cpd@nswbar.asn.au

For the diary: 2019 CLANT Bali Conference

Thu Aug 30 2018

The Criminal Lawyers Association of the Northern Territory (CLANT) will host its 17th biennial criminal law conference on 22 to 28 June 2019. 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.