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Coming up in CPD tonight

Tue Mar 21 2017

Tuesday, March 21 2017: 'How to run a merit review case' Presented by The Honourable Justice Duncan Kerr Chev LH, President of the Administrative Appeals Tribunal, Bernard McCabe, Deputy President of the Administrative Appeals Tribunal and The Honourable Justice Robertson Wright, President of the NSW Civil and Administrative Tribunal. For full details please download a flyer here

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

CPD Breakfast: ‘Experts and interpreters: non-lawyers essential to the legal system’

Tue Mar 21 2017

Thomson Reuters invites all members to attend a CPD Breakfast Seminar on Wednesday 29 March. The seminar, ‘Experts and interpreters: non-lawyers essential to the legal system’, will be presented by The Honourable Justice François Kunc, Supreme Court of NSW, and chaired by Timothy Pollard, ANZ General Manager, Legal Portfolio Australia. The seminar will commence at 8am and conclude with a light breakfast and drinks.

For full details please download a flyer here

Common Law Practice Update 100

Tue Mar 21 2017

The Bar Association's Common Law Committee has published Practice Update 100, with case notes on sections 33 and 62 of the Motor Accidents Compensation Act 1999 (NSW); sections 5B and 5E of the Civil Liability Act 2002 (NSW); nervous shock; contributory negligence; fatigue and more. Download CLPU 100.

Forensics Breakfast Series

Tue Mar 21 2017
Seminar series: 7.45am - 8.45am every Wednesday until 22 March 2017

Have you ever struggled with how CCTV or other images can be used in court, how to determine if a fire was deliberately lit, what effects different drugs or alcohol really had on your clients’ legal capacity and behaviours, whether the stated cause of death is accurate, whether certain injuries are consistent with a particular version of events, or how fraud is detected from accounting records? Join us each Wednesday morning at 7.45am to find out these and other fascinating forensic facts from leading experts.

For a detailed program regarding this Forensics Breakfast Series please click here.

Please note that these sessions can also be purchased separately. To book to attend an individual seminar only, please click on one of the below links:

Tutor and Readers Seminar

Tue Mar 21 2017

The tutor and reader relationship is an important and formative institution for successful practice at an independent bar. All members are invited to attend a seminar on Thursday, 23 March 2017 at 5.15pm where Robert Hollo SC, Eugene Romaniuk SC and Julia Roy will present a review of the Reader/Tutor Guidelines and the Tutor Handbook, which provide information and assistance on several aspects of the relationship and which are intended to promote the objectives of the Reading Program.

The pre-requisites for being a potential tutor are set out in the Bar Association's Tutor Policy. When a member takes on the role of tutor it is a requirement that they attend a compulsory CPD seminar relating to the Tutor Handbook and Tutor & Reader Guidelines. Attendance at this session will satisfy the condition of eligibility for tutors as resolved by Bar Council in February 2016.

All tutors who have satisfied this requirement will be included on the list of tutors on the Bar Association's website.

2017 Sydney Conference this weekend

Tue Mar 21 2017

The 2017 Sydney CPD Conference is on this Saturday, 25 March 2017. The conference begins at 9.00am with arrival tea and coffee available from 8.30am. Please click the link for the full program - 2017 Sydney Conference.

The conference is on level 4 at the Hilton Sydney. Parking is available in the Secure Car Park below the hotel, accessed from 259 Pitt Street. For further details or to pre-book your parking, 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

Coming up in CPD tomorrow

Tue Mar 21 2017

Wednesday, March 22 2017: 'Lesbian Gay Bisexual Transgender Intersex (LGBTI) Awareness Training Seminar' Presented by Ross Wetherbee, Senior Program Manager, Pride in Diversity and chaired by Anthony McGrath SC, Chair, Diversity and Equality Committee. 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 this Month

Mon Mar 20 2017

Tuesday, March 21 2017: 'How to run a merit review case' Presented by The Honourable Justice Duncan Kerr Chev LH, President of the Administrative Appeals Tribunal, Bernard McCabe, Deputy President of the Administrative Appeals Tribunal and The Honourable Justice Robertson Wright, President of the NSW Civil and Administrative Tribunal. For full details please download a flyer here

Wednesday, March 22 2017: 'Lesbian Gay Bisexual Transgender Intersex (LGBTI) Awareness Training Seminar' Presented by Ross Wetherbee, Senior Program Manager, Pride in Diversity and chaired by Anthony McGrath SC, Chair, Diversity and Equality Committee. For full details please download a flyer here.

Thursday, 23 March 2017: Tutor and Readers Seminar Presented by: Robert Hollo SC, Eugene Romaniuk SC and Julia Roy. For full details please download a flyer here.

Wednesday, March 29 2017: 'Marketing tools and strategies for barristers: Three perspectives" Presented by Tean Kerr, Partner, Lander & Rogers; Michael Green SC, Level 22 Chamber and Jeh Coutinho, Clerk, Banco Chambers. Chaired by Michelle Painter SC. For full details please download a flyer here

Thursday, March 30 2017: 'Equitable Compensation for Breach of Confidence' Presented by The Honourable Justice Mark Leeming, Justice of Appeal, Supreme Court of New South Wales and Dr Peter Turner. Chaired by Professor David Rolph, University of Sydney Law School. This seminar has been organised in association with the Ross Parsons Centre of Commercial, Corporate and Taxation Law at the Sydney University Law School. Please note this is a lunchtime seminar from 1 pm to 2 pm, For full details please download a flyer here

Thursday, March 30 2017: 'Family Provision claims: recent decisions and practical tips' Presented by Michelle Painter SC and Despina Christofis. Chaired byJane Needham SC. For full details please download a flyer here

All seminars will commence at 5.15 pm (unless otherwise stated) in the Bar Association Common Room.

Take your practice mobile with BarBooks

Mon Mar 20 2017

Don't be tied to your desk. Use our multi platform cloud software – PC, Mac, iOS, Android, and more.

Never lose billable time again – some of our mobile app customers are reporting that they record 30% more time than they did before. Quickly enter time and expenses on the go. Writing yourself reminders is a thing of the past.

Contact Charlotte 0476158335 for our latest subscription offerings. Visit the BarBooks website here.

Swearing-in ceremony for Guy Parker SC

Mon Mar 20 2017

Guy Parker SC will be sworn-in as a judge of the Supreme Court at a ceremonial sitting on Thursday, 6 April 2017 at 9.00am in the Banco Court. President Noel Hutley SC will speak on behalf of the New South Wales Bar. Barristers should wear wigs and gowns. Senior counsel should wear full-bottomed wigs.

Tomorrow: swearing in ceremony for Julia Lonergan SC

Mon Mar 20 2017

The Supreme Court of NSW will hold a ceremonial sitting for the swearing-in of Julia Lonergan SC on Tuesday, 21 March at 9.00am on Level 13 of the Banco Court. Attorney General Mark Speakman SC will speak on behalf of the New South Wales Bar. Barristers should wear wigs and gowns. Senior counsel should wear full-bottomed wigs.

Announcing ICCA 2018: Sydney to Host World's Premier Arbitration Conference

Mon Mar 20 2017

On 15-18 April 2018, the 24th International Council for Commercial Arbitration (ICCA) Congress will be hosted in Sydney. This is the first time that this leading global arbitration conference will be hosted in Australia. It will be held at the newly opened International Convention Centre, and is expected to attract a large number of delegates, including many of the most prominent arbitrators and arbitration practitioners from over 40 jurisdictions. The theme is 'Evolution and Adaptation', with the conference program available to view here. The social calendar will include an opening ceremony at the Sydney Opera House. The Super Early Bird registration special ends 31 March 2017. For more information and to register, please visit www.icca2018sydney.com.

Don’t miss your chance to RSVP – 2017 Bench and Bar Dinner

Mon Mar 20 2017

The president and the Bar Council have the pleasure of inviting all members of the New South Wales Bar Association to the 2017 Bench & Bar Dinner. The dinner will take place on Friday, 5 May in the Ballroom of the Hyatt Regency Sydney at 7.00 pm for 7.30 pm. The guest of honor is the Hon Patricia Bergin SC. Two seniors will be speaking at this year’s Bench & Bar Dinner, Ms Senior is Michelle Painter SC and Mr Senior is Robert Newlinds SC.

Seating at the dinner will be allocated on a first-in basis. Tables of 10 are preferred, however you may sit up to 12. Smaller bookings will also be accepted.

For more details and to book, please click here. For further details on how to book please refer to the FAQ page on the website.

If you have any questions about the 2017 Bench & Bar Dinner, please contact Erika Childs on 9232 4055 or email echilds@nswbar.asn.au

Tutor and Readers Seminar

Mon Mar 20 2017

The tutor and reader relationship is an important and formative institution for successful practice at an independent bar. All members are invited to attend a seminar on Thursday, 23 March 2017 at 5.15pm where Robert Hollo SC, Eugene Romaniuk SC and Julia Roy will present a review of the Reader/Tutor Guidelines and the Tutor Handbook, which provide information and assistance on several aspects of the relationship and which are intended to promote the objectives of the Reading Program.

The pre-requisites for being a potential tutor are set out in the Bar Association's Tutor Policy. When a member takes on the role of tutor it is a requirement that they attend a compulsory CPD seminar relating to the Tutor Handbook and Tutor & Reader Guidelines. Attendance at this session will satisfy the condition of eligibility for tutors as resolved by Bar Council in February 2016.

All tutors who have satisfied this requirement will be included on the list of tutors on the Bar Association's website.

Coming up in CPD tomorrow

Mon Mar 20 2017

Tuesday, March 21 2017: 'How to run a merit review case' Presented by The Honourable Justice Duncan Kerr Chev LH, President of the Administrative Appeals Tribunal, Bernard McCabe, Deputy President of the Administrative Appeals Tribunal and The Honourable Justice Robertson Wright, President of the NSW Civil and Administrative Tribunal. For full details please download a flyer here

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

NSW CTP Claims Q&A for joint medical assessments

Fri Mar 17 2017

The new Motor accident guidelines: claims handling and medical (treatment, rehabilitation and care) have been in use from 1 January 2017.

The New South Wales Bar Association is monitoring the application of the Guidelines. Any members who wish to bring issues regarding the practical application of the Guidelines to the attention of the Common Law Committee should contact the Bar Association’s Deputy Executive Director Alastair McConnachie.

The State Insurance Regulatory Authority has also received multiple queries about the practical application of Clause 10.5 of the Guidelines and has developed a Q&A providing guidance on some of the more common questions.

This Q&A has been developed based on feedback from industry stakeholders and is not legal advice. This Q&A is only acting as an interim guidance tool until the completion of a practice note which should be finalised in the near future.

SIRA continue to seek feedback from industry stakeholders on all aspects of the new Motor accident guidelines: claims handling and medical (treatment, rehabilitation and care) and they appreciate the time taken by those who have submitted feedback to date.

Please forward through any questions about Clause 10.5 or the Guidelines generally if they arise to motor@sira.nsw.gov.au Attn: Claims Guidelines query.

Wellbeing & Quality of Working Life Research for the New South Wales Bar

Fri Mar 17 2017

The New South Wales Bar has sent out a study, being conducted by a UK research team to evaluate the "individual" and "environmental" issues impacting life at the bar in NSW. The study is intended to enable the Bar Association to gather data and respond to the information provided by the profession. Pre-survey information can be found here and here. Please assist us with this important initiative by completing the survey as soon as possible.

Western Sydney University One day intensive CPD Legal Seminars

Fri Mar 17 2017
Sunday, 26 March 2017 – 9.00am – 3.30pm

The School of Law at Western Sydney University welcomes legal practitioners seeking to introduce or refresh their knowledge and skills on a variety of topics in a one-day series of seminars. The following fields will be covered: Advocacy, Professional Responsibility and Legal Ethics, Wills and Succession, Domain Name Law and Immigration Law. You will gain insight from experts in the field including The Honourable David Collier AM, Michael Brogan, Jason Donnelly, Dr Alpana Roy and Dr Stephen Janes. For more information head to https://www.westernsydney.edu.au/law/school_of_law/legal_seminars

Admiralty & Maritime Users' Group meeting

Fri Mar 17 2017

The Federal Court with the Federal Circuit Court will be holding a Users’ Group Meeting for the Admiralty and Maritime jurisdiction on Thursday, 6 April 2017 at 5.00pm. Learn more here.

Registrations for the Sydney CPD Conference close this weekend

Fri Mar 17 2017

Online registrations for the Sydney CPD Conference will close on Sunday 19 March.

The Sydney Conference has been set down for Saturday 25 March and will run from 9:00am - 4:40pm with full attendance attracting 6 CPD points. There will be plenary and concurrent sessions throughout the day, providing attendees with a choice of topics to select from. A sit-down lunch will be provided.

Speakers include:

  • The Hon J L B Allsop AO, Chief Justice, Federal Court of Australia
  • The Hon T F Bathurst AC, Chief Justice, Supreme Court of NSW
  • The Hon Justice A Black
  • Professor Stephen Woods
  • Carolyn McKay
  • Mark Robinson SC
  • Chrissa Loukas SC
  • Sandy Dawson SC
  • Mary Walker
  • Caroline Dobraszczyk

Download a full program here - 2017 Sydney Conference

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

Tonight – 15 Bobber – Magistrate Rodney Brender and Magistrate Julie Soars

Fri Mar 17 2017

Members of the NSW Bar Association are invited to attend the 15 Bobber for Magistrate Rodney Brender & Magistrate Julie Soars. The 15 Bobber will be held tonight, Friday 17 March, in the New South Wales Bar Association Common Room. Speaking for Magistrate Rodney Brender will be Kevin Connor SC and speaking for Magistrate Julie Soars will be Justin Hogan-Doran. Life membership certificates will also be presented to Michael Fordham SC, Philip Selth OAM and Penny Johnson. The event begins at 5.30pm with speeches beginning at 5.45pm. Tickets can be purchased at the door for $25.00.

Tonight: Presentation of life membership certificates

Fri Mar 17 2017

Life membership certificates will be presented to Michael Fordham SC, Philip Selth OAM and Penny Johnston during the 15 Bobber for Magistrate Rodney Brender & Magistrate Julie Soars on Friday, 17 March in the New South Wales Bar Association Common Room. The event begins at 5.30pm with speeches beginning at 5.45pm. RSVP here.

2017 Parramatta Conference this weekend

Fri Mar 17 2017

The 2017 Paramatta CPD Conference is on this Saturday, 18 March 2017. The conference begins at 9.00am with arrival tea and coffee available from 8.30am. Please click the link for the full program - Parramatta - Conference Program 2017

The conference will be held in the Gidley King Room at the Park Royal Parramatta. Parking is available in and around the venue.

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 next week

Fri Mar 17 2017

Tuesday, March 21 2017: 'How to run a merit review case' Presented by The Honourable Justice Duncan Kerr Chev LH, President of the Administrative Appeals Tribunal, Bernard McCabe, Deputy President of the Administrative Appeals Tribunal and The Honourable Justice Robertson Wright, President of the NSW Civil and Administrative Tribunal. For full details please download a flyer here

Wednesday, March 22 2017: 'Lesbian Gay Bisexual Transgender Intersex (LGBTI) Awareness Training Seminar' Presented by Ross Wetherbee, Senior Program Manager, Pride in Diversity and chaired by Anthony McGrath SC, Chair, Diversity and Equality Committee. For full details please download a flyer here.

Thursday, 23 March 2017: Tutor and Readers Seminar Presented by: Robert Hollo SC, Eugene Romaniuk SC and Julia Roy. For full details please download a flyer here.

All seminars will commence at 5.15 pm (unless otherwise stated) in the Bar Association Common Room.

Volunteers sought for pro bono schemes in 2017: a message from the president

Thu Mar 16 2017

Members need no reminding that there has been a proliferation of pro bono schemes. The Bar Association has repeatedly stated that such schemes are not intended to relieve governments of their obligation to provide adequate funding for legal aid services. Nor are they intended to provide general assistance for unrepresented litigants or for complex and lengthy trials. They are, however, designed to assist deserving litigants to have their cases properly presented.

Those members who volunteer their services for any or all of the schemes in the attached lists, are reminded that pro bono assistance is not to be used as an introduction to obtain a speculative€ brief.

I would also like to ask members to again offer their support for our own Legal Assistance Scheme. Our scheme, which has formally existed since 1996, offers people who genuinely cannot afford to pay for barristers the opportunity to have their matters legally assessed and, if appropriate, to have barristers appear for them in court. Over the years there has been a significant increase in the number of requests for assistance. There is no indication that the increase in requests will abate. In order that the same generous people are not overburdened from doing legal assistance work, and to assist us in the day-to-day running of the scheme, I should be grateful if members would indicate their willingness to be involved, stipulating their preferred areas of law. The scheme'€s guidelines are available from the Bar Association'€s web site at www.nswbar.asn.au under €Legal Assistance€. The guidelines are also available at the Bar Association'€s Reception. If you are willing to offer your services to assist, please complete the accompanying form and return it as soon as possible. The information will be used to prepare the 2017 list that will be provided to all courts involved in the scheme.

LARS now includes mediation

The NSW Bar Association has been a Recognised Mediation Accreditation Body since May 2008. Since this date, the association has accredited 92 members as mediators.

The LARS program has now been expanded to include mediation. Where the parties to the dispute have agreed upon mediation or a court or tribunal has ordered the dispute to mediation, an application may be made under LARS for the assistance of barristers as legal representatives for mediations and also the services of barristers as independent mediators to facilitate the resolution of disputes.

If the matter is referred to a barrister as an independent mediator, that barrister will be a mediator accredited by the Bar Association under the National Standards for Accreditation of Mediators. The barrister will undertake mediation for up to four hours at no cost to the parties. Any further assistance will be by agreement with the parties.

The legal assistance form has been updated accordingly to include a page specifically for barristers accredited as mediators under the national accreditation scheme who wish to offer their services.

Supreme Court

The Supreme Court operates, with assistance from the Bar Association, a scheme for the provision of legal assistance on a pro bono basis to deserving litigants in appropriate cases commenced in that court. The central aspects of the scheme are embodied in Part 7 Division 9 of the Uniform Civil Procedure Rules 2005.

A judge will make an order for referral to LARS, who will then contact a suitable barrister. Barristers may provide assistance including advice in relation to proceedings, the drafting and settling of documents to be filed or used in proceedings, representation at directions hearings, interlocutory or final hearing, in arbitrations and mediations.

This year, again, I urge all members of the Bar with expertise in the areas of practice covered by the scheme to offer their services. If the scheme is to succeed, it requires the co-operation of sufficient numbers of members of the Bar to ensure that the burden of providing pro bono assistance under it does not fall unfairly on only a few of our members.

Federal Circuit Court Pro Bono Scheme

I would like to encourage members to volunteer their services for a pro bono scheme established by the Federal Magistrates Service. Volunteers will usually be approached directly by solicitors on the court'€s pro bono panel, although there may be occasions when the court will approach a barrister direct. Volunteers are being sought for the following jurisdictions: administrative law, bankruptcy, human rights, consumer matters, privacy, migration, intellectual property, industrial law and admiralty law.

Part 12 of the Federal Circuit Court Rules establishes a scheme to facilitate the provision of legal assistance to parties who are otherwise unable to obtain assistance if to do so is in the interests of the administration of justice.

Federal Court Pro Bono Scheme

I take this opportunity to again ask members of the Bar to volunteer for this scheme if they have not already done so. Those members who have already volunteered would no doubt be glad if some additional names could be given to the Registrar. The feedback on the operation of the scheme to date has been very good and to those members who have been involved I record my thanks. The central aspects of the Federal Court scheme are contained in Order 80 of the Federal Court Rules.

District Court Pro Bono Scheme

I would like to encourage members to volunteer their services for the pro bono scheme established by the District Court and which operates along lines similar to those operated by the Supreme Court of NSW and the Federal Court. The central aspects of the District Court scheme are contained in Part 7 Division 9 of the Uniform Civil Procedure Rules 2005.

Noel Hutley SC
President