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Findings of urgent Corrective Services review must be made public

Tue Dec 05 2017
Law reform and public affairs

President Arthur Moses SC has called for the NSW Department of Corrective Services to make public the results of its inquiry into the treatment of Eric Whittaker (36), an Indigenous prisoner who remained in ankle cuffs as he lay dying in Westmead Hospital's ICU.

Mr Moses released the following statement:

Whilst noting that there is yet to be an explanation by the Department of Corrective Services as to how Mr Whittaker’s treatment complied with its protocols in relation to prisoners who are receiving medical treatment, the NSW Bar Association is concerned that there may have been the inappropriate use of restraints on Mr Whittaker, whilst he lay dying in a hospital bed. All human beings deserve to die with dignity-no family should have seen their father, brother and son die whilst shackled to a bed. I urge the Department to urgently complete its review and make public the findings in order to minimise the chance of this occurring again.

2018 Personal Injury/Common Law Conference

Tue Dec 05 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 05 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 04 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

Golf day

Mon Dec 04 2017
Bar sports

The Bench & Bar v Solicitors Golf match will be held on Monday, 22 January 18 at Manly Golf Club. InBrief will publish further details closer to the day.

Papers to note: OLSC 2016-17 Annual Report

Mon Dec 04 2017

The 2016-17 Annual Report of the Office of the Legal Services Commissioner has been tabled in the New South Wales Parliament. It shows that in the 2016-2017 reporting year, the OLSC received a total of 2,579 written complaints. Learn more here.

Workers Compensation Regulation Bulletin

Mon Dec 04 2017

The State Insurance Regulatory Authority (SIRA) has published the Workers Compensation Regulation Bulletin, Issue 35, 12/2017. This edition features articles on "Consultation on draft Market Practice and Premiums Guidelines", the recent Supreme Court decision in Hunter Quarries Pty Limited v Alexandra Mexon as adminitrator for the estate of Ryan Messenger and a report on NSW arrangements for the calculation of pre-injury average weekly earnings. View the bulletin on the SIRA website.

Statement on early guilty pleas and legal aid

Mon Dec 04 2017

President Arthur Moses SC has warned that the abolition of committals, the reduction in the quantum of discounts for late pleas, and the abolition of judicial discretion on discount is not going to reduce delays in the criminal justice system. Speaking yesterday to ABC TV's court reporter, Karl Hoerr, Mr Moses said: "You can't continue to have a court where there are 2,000 cases pending, with a small number of judges, with increasing workloads". The full text of the president's statement can be viewed here. The interview with Mr Moses SC was aired last night on ABC TV News.

Legal Services Council annual report

Fri Dec 01 2017

The Legal Services Council and the Commissioner for Uniform Legal Services Regulation have published their 2016-17 annual reports. the Uniform Law has been in operation for more than two years and this publication includes a comparative analysis of complaints and disciplinary data between NSW and Victoria, as well as a legal consumer survey on legal costs. View the annual report here.

President discusses CTP insurance with Ray Hadley

Fri Dec 01 2017
Law reform and public affairs

President Arthur Moses SC has appeared on The Ray Hadley Morning Show this morning to express the Bar Association’s concerns regarding the Motor Accident Injuries Amendment Regulation, which took effect today. Listen here.

Kirby speaks at NSW CCL dinner

Fri Dec 01 2017

Speeches

The Hon Michael Kirby AC CMG spoke last week at the New South Wales Council for Civil Liberties Annual Dinner 2017 on "Return to the CCL: Advocacy & Unthinkable Challenges". A copy of that speech is available here.

Supreme Court Public Counter to reopen on Monday

Fri Dec 01 2017

The Supreme Court public registry counter will reopen on level 5 of the Law Courts Building at 9:00 AM on Monday, 4 December. The chief justice thanked the profession and other court users for their patience and support during this period.

Common Law Practice Update 104

Wed Nov 29 2017

The Bar Association has published Common Law Practice Update 104, with case notes on sections 63, 65 and 109 of the Motor Accidents Compensation Act 1999 (NSW); educational institutions' duty of care; adequacy of warning signs; reasonable foreseeability and more. Download CLPU 104.

Legal Services Council appointments

Tue Nov 28 2017
Appointments

The attorneys-general of NSW and Victoria have reappointed the inaugural members of the Legal Services Council, extending the members’ tenures until October 2020. Learn more here.

Developing a Reasonable Estimate of Fees

Tue Nov 28 2017
Free webinar series: Innovative Law Practice Techniques

The American Bar Association's Law Practice Division and the New South Wales Bar Association will hold a joint webinar panel discussion on Friday, 1 December 2017 at 8.00am AEST. The topic will be "Developing a Reasonable Estimate of Fees". The moderator will be Philippe Doyle Gray. Learn more here.

United Nations Day Lecture

Tue Nov 28 2017
International trade law

The United Nations Commission on International Trade Law (UNCITRAL) was founded 50 years ago. The United Nations Day Lecture will be held on Tuesday, 5 December 2017 in Court 1, Federal Court of Australia, Queens Square between 5.15pm and 6.30pm. The lecture is an initiative of the UNCITRAL National Coordination Committee for Australia (UNCCA). The speaker will be Tim Castle, barrister and chair of UNCCA and the chair will be Chrissa Loukas SC. It will be presented around Australia to introduce lawyers, academics and students to the past and future work of UNCITRAL. Admission will be free, but registration is required. Learn more here.

NSW Bar Association CPD Conferences 2018

Tue Nov 28 2017

Registrations are now OPEN for the New South Wales Bar Association Regional CPD Conferences. For more details about each venue, speakers and the costs involved please click here

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

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

Further speaker details will be made available over the coming weeks. These 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 on 02 9232 4919 or via e-mail cpd@nswbar.asn.au

Coming up in CPD tonight

Tue Nov 28 2017

Tuesday, November 28 2017: 'Complaints Against Judicial Officers: The Role of the Judicial Commission'

Presented by Ernest Schmatt, Chief Executive, Judicial Commission of New South Wales and chaired by Arthur Moses SC. For full details please download a flyer here.

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

Coming up in CPD next week

Fri Nov 24 2017

Tuesday, November 28 2017: 'Complaints Against Judicial Officers: The Role of the Judicial Commission'

Presented by Ernest Schmatt, Chief Executive, Judicial Commission of New South Wales and chaired by Arthur Moses SC. For full details please download a flyer here.

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

CPD Record Form

Fri Nov 24 2017

Members are reminded to accrue 10 points worth of continuing professional development (CPD) activities each year. In addition to completing sufficient CPD activities between 1 April 2017 and 31 March 2018, you are required to maintain a record and retain in for three years in accordance with rule 12 of the Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015. A newly updated CPD Record Form makes it easier to record, amend and save your CPD activity. The new form is available on the NSW Bar website and attached here for your convenience.

Twilight Tour of Little Steps Early Learning Centre

Fri Nov 24 2017

Little Steps Early Learning Centre invite members to a Twilight Tour at 1 Bligh Street on Thursday, 30 November 2017 at 6.30pm-8.30pm. Learn more here.

More information about the Bar Association's childcare scheme and Little Steps Early Learning Centre is available here and here.

New regulations unfair to motor accident victims

Fri Nov 24 2017
Law reform and public affairs

President Arthur Moses SC has issued a media release regarding regulations made under the Motor Accident Injuries Act 2017, which will significantly reduce the rights of many innocent car crash victims. His comments were reported in the Sydney Morning Herald, which can be viewed here.

"Over the last eighteen months the legal profession has been closely involved in consultations with the Government on a workable model which could bring savings in greenslip prices while retaining the legal rights of the seriously injured. The passage of the Motor Accident Injuries Bill 2017 into law was the first result of these consultations. However, the Regulations which have come at the end of this process have a number of important defects which compromise the legal rights of many injured accident victims" Mr Moses said.

View the media release here.

NSW Bar Association CPD Conferences 2018

Fri Nov 24 2017

Registrations are now OPEN for the New South Wales Bar Association Regional CPD Conferences. For more details about each venue, speakers and the costs involved please click here

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

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

Further speaker details will be made available over the coming weeks. These 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 on 02 9232 4919 or via e-mail cpd@nswbar.asn.au

Save the date : 2018 Personal Injury/Common Law Conference

Fri Nov 24 2017

The 2018 Personal Injury and Common Law Conference will be held at the Hilton Sydney on Saturday 3 March. The conference offers 5 CPD points.

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