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Good Guys Commercial online shopping site

Fri Aug 24 2018
Member services and benefits

The New South Wales Bar Association recently launched a partnership with Member Advantage, a leading provider of member benefit programs. The choice of benefits now includes The Good Guys Commercial online shopping site, offering members exclusive access to commercial prices on more than 4,000 products.

Members also get exclusive access to best pricing on The Good Guys Commercial online shopping site and can see ‘live’ discounted pricing on the entire The Good Guys range. Using a quoting tool, you can lock in prices for up to 30 days and make their purchases online – saving you time and money.

Other benefits include:

  • Pick up (or have delivered) from a local store
  • Current stock availability and delivery pricing available in real time
  • 24-hour access and available on mobile and tablet

To ensure members receive the full benefit:

Once your user account has been set up, you will receive a Welcome email with a link to set your Good Guys password.

Life membership for Helen Barrett

Fri Aug 24 2018

Bar Council resolved last night to award Helen Barrett life membership for her long and exceptional service to the Bar Association and to the profession of the law.

Helen Barrett began her employment at the Bar Association as education officer in 1985, when the Hon Murray Gleeson QC was president. In 1990 she transferred to the Professional Conduct Department and in the ensuing years rose to become its director. In 2001-2002 she reduced her duties in order to meet family commitments and took on the role of deputy director; a position she had retained until today. Helen has been, at one time or another, secretary to each of the four professional conduct committees. She has served with distinction many eminent members of the NSW Bar who have chaired those committees. Some of those with whom she has worked have since been elevated to the bench. Sadly, others like Bob Toner SC, have since passed.

Speaking in response to the award of life membership for Helen Barrett, Bar Association President Arthur Moses SC said: "Those who have served on a PCC know that professional conduct matters are inherently delicate, difficult and time consuming matters that weigh on us when having to undertake the grave responsibility of assessing the conduct of our peers. Yet, Helen has persevered and grew to become the primary repository of institutional memory in respect of professional conduct matters for Australia’s largest and oldest independent referral bar". "It is unlikely that there will ever be another officer of this association who will surpass the long and dedicated service of Helen Barrett. Since assuming the presidency, I have relied on Helen’s measured, reasoned and calm advice when dealing with difficult matters relating to the professional conduct of members. I will miss her wise counsel", he said.

"Helen's declared ambition now is to indulge her love of travel, art and walking – concurrently, perhaps. On behalf of the staff of the Bar Association and all its members – past and present – I moved this resolution in support of life membership as due recognition of her exceptional service", Mr Moses concluded.

Senate Committee to review bills to restructure Australia’s family law system

Fri Aug 24 2018

The Federal Circuit and Family Court of Australia Bill 2018 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018 were introduced into Parliament yesterday, 23 August 2018, to give effect to the Government’s proposed restructure of Australia’s family law system.

The Senate referred these bills to the Legal and Constitutional Affairs Legislation Committee for report due 15 April 2019 to enable the Parliament to carefully examine and consider the detail of this proposed reform with the benefit of having received the Australian Law Reform Commission’s review of the family law system in March 2019 and with the opportunity to engage in meaningful consultation with the Australian community including the legal profession.

The Law Council of Australia yesterday warned that “The proposed merging of the Federal Circuit Court and the Family Court is unlikely to alleviate the crisis in the family law court system and may place significant extra pressure on already overburdened Federal Circuit Court Judges”. The Law Council’s statement is available here.

Last week the New South Wales Bar Association supported a call by the Australian Bar Association for careful parliamentary scrutiny of any legislation to restructure Australia’s family law system.

The New South Wales Bar Association welcomes the bills’ referral to Committee The Association has consistently said that informed discussion and consultation about the future of the Family Court is critical to promote the administration of justice and secure the best outcomes for Australian families and children in need of family law assistance.

Tonight: Are you sure?

Thu Aug 23 2018

Members are reminded that a joint symposium hosted by the Australian Academy of Law and the Australian Academy of Science will be held tonight at 5.00pm on Level 21 of the Law Courts Building, Queens Square. "Are you sure?" will be chaired by Justice Stephen Gageler AC and will compare scientific and legal decision making, assessment of evidence, cause and effect, as well as the presentation and treatment of expert scientific evidence in the courts. Learn more here.

The Justice Project

Thu Aug 23 2018
Law reform and public affairs

The Law Council of Australia has released the final report of its Justice Project. Based on more than 150 consultations and 129 submissions, the final report focusses on 13 priority groups facing significant social and economic disadvantage. It identifies systemic flaws in the justice system and reveals the devastating consequences for those who are unable to access it. The report makes 59 recommendations. Learn more here.

Room for short-term licence (maternity leave) at Level 22 Chambers

Thu Aug 23 2018
Member services and benefits

Level 22 currently has an opening for the short-term licence of a well appointed internal room furnished with robing cupboard, in-built desk, 2 conference chairs, ample cupboard storage and shelving. The room is well proportioned and light style and feel. Images of the room can be viewed HERE. The preferred licence period is 8 months (negotiable), commencing in November. Level 22 Chambers is a well-established, progressive set of commercial chambers located on Martin Place. We offer a calm, collegiate environment with first-rate facilities. For further information, please direct your enquiries to our Clerk, Emily Giles on 02 9151 2222 or by email here

Paul Brereton AM RFD appointed to NSW Court of Appeal

Wed Aug 22 2018
Appointments

Attorney General Mark Speakman today announced the appointment of Justice Paul Brereton AM RFD to the bench of the NSW Court of Appeal.

“Justice Brereton has served with distinction as a Supreme Court judge in NSW for 13 years and his elevation to the Court of Appeal is richly deserved,” Mr Speakman said.

For most of this decade, Justice Brereton has been the Supreme Court’s judge for the Adoptions and Corporations Lists. He chaired the Chief Justice’s Review of the Costs Assessment Scheme between 2011 and 2013.

For the past two years, Justice Brereton has also served as Deputy Chairperson of the NSW Law Reform Commission. He also sits as a member of the Defence Force Discipline Appeals Tribunal.

Kelly Rees SC appointed to the Supreme Court of NSW

Wed Aug 22 2018
Appointments

Attorney General Mark Speakman today announced the appointment of Sydney barrister Kelly Rees SC to the bench of the Supreme Court of NSW. Mr Speakman said Ms Rees is a highly experienced commercial barrister who has been at the Bar for 20 years and took silk in 2012.

“As a specialist in commercial disputes, property and insurance law, professional liability, and commissions of inquiry, Ms Rees brings a wealth of legal knowledge to the bench,” Mr Speakman said.

“Before being called to the Bar, she was a senior associate at one of the Australia’s largest law firms and also worked for an internationally recognised London firm where she handled corporate fraud and white collar crime cases.”

Forbes Society Legal History Tutorial

Wed Aug 22 2018

Members are reminded that Part 2 of the "History of Equity" tutorial will be delivered tonight by the Hon J Campbell QC. A further tutorial, on "The History of the Law of Commercial Arbitration" will be delivered by Chief Justice T F Bathurst AC on Thursday, 18 October 2018.

All tutorials will be held at 5.15pm in Banco Court. Everyone is welcome to attend.

Simon Hunt joins the Camp Quality 1000km ride

Wed Aug 22 2018
Philanthropy

Over ten days from 7 September, Simon Hunt, from Hunter Street Chambers, will join 38 other riders cycling from Maleny (Qld) to Warners Bay (Newcastle) as part of the Camp Quality 1000ks 4 kids" bike ride. The ride represents one of Camp Quality’s major fund raising events and the aim is to raise $400,000.00. Please visit Simon's Everyday Hero page to make a donation.

Part-time employment opportunities for First Nations law students

Wed Aug 22 2018
Diversity

Do you need some clerical and administrative or research assistance to run your practice or the Clerk’s office? If the answer is yes - why not employ a First Nations law student? There are some law students currently looking for this opportunity.

As part of the Bar Association's Reconciliation Action Plan, all barristers, clerks and Chambers are encouraged to identify part-time employment opportunities for 2018 and 2019 for First Nations law students.

Ideally, this would be for a day or half day a week on a regular basis doing loose-leaf filing, administrative or clerical tasks for first and second year students and including research tasks for more senior students. Longer periods during university vacation is also a wonderful opportunity for the students. Also, a group of barristers could engage one student and share the work load and costs.

This initiative needs the ongoing support of more members of the NSW Bar to ensure its continued success. Learning how the Bar works and the role of barristers as well as some financial security significantly contributes to the success of the students in their law studies.

Please contact Chris Ronalds AO SC on ronalds@fjc.net.au or 9229 7378 if you have any employment opportunities or questions.

Large External room for sale - Tenth Floor St James Hall Chambers

Wed Aug 22 2018
Member services and benefits

Tenth Floor St James Hall Chambers currently has a large, well-lit, external room for sale measuring 5.6m by 3.6 m. The room includes built in, wooden storage as well as a robing cupboard. Tenth Floor St James Hall Chambers is a well-established, welcoming floor located opposite the Supreme Court of NSW. The Floor consists of 3 Senior Counsel and 8 Juniors, all of whom practice across a broad range of areas. If you require any further information or would like to arrange an appointment to view the room, please contact the Clerk, Grace Kenny on 9224 1501 or email here All enquiries and applications will be treated with the strictest confidence.

Coming up in CPD tonight

Tue Aug 21 2018
Professional development

On Tuesday 21 August, the Criminal Law Committee will host a seminar titled "Sentencing Reforms"

The speakers will be Luke Grant, Assistant Commissioner, NSW Corrective Services and Richard Wilson, Deputy Senior Public Defender. The event chair will be Stephen Odgers SC of Forbes Chambers. Learn more here.

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

Judgment brings clarity to Federal Court Rules for direct access barristers

Tue Aug 21 2018

A decision handed down today in the matter of CPJ17 v Minister for Immigration and Border Protection [2018] FCA 1241 has clarified that barristers acting on a direct access brief are not captured by rule 4.03 of the Federal Court Rules 2011 (Cth) such that they would be required to file a Notice of Acting with the Court in conflict with their professional obligations under rule 13 of the Barristers’ Rules.

Charlesworth J held that r 4.03, construed in its proper context, does not impose an obligation on direct access barristers to file and serve a notice of acting in the form of Form 4. The decision is available here.

In the course of construing r 4.03 in accordance with the Federal Court of Australia Act 1976 (Cth) s 37M, her Honour considered some of the challenges that courts may face in dealing with case management issues arising in direct access matters. Her Honour emphasised at [96]-[100] of her judgment the obligations imposed by r 2.16 of the Federal Court Rules 2011 (Cth) that where a document is prepared by a lawyer (including by the formulation of the grounds of appeal), the lawyer’s name must be identified in the footer of the document, irrespective of the capacity in which the lawyer is engaged.

On the Court’s invitation, the New South Wales Bar Association appeared as Intervenor in these proceedings. The President of the Bar Association, Arthur Moses SC wishes to thank Counsel who appeared on the Association’s behalf, Angus Stewart SC and Dr Shipra Chordia, and instructing solicitor Elizabeth Pearson.

Save the date: Introduction to the Aboriginal Land Rights System in NSW

Tue Aug 21 2018
Professional development

On Tuesday, 18 September, the NSW Judicial Commission Ngara Yura Committee, the NSW Bar Association’s First Nations Committee and the Law Society of NSW Indigenous Issues Committee. cordially invite all members to a panel discussion on Aboriginal Land Rights System in NSW.

The seminar titled 'Introduction to the Aboriginal Land Rights System in NSW' will be hosted in the Federal Court Common Room, Level 20 Law Courts Building, Queens Square commencing at 5.15pm. Panellists include Ms Nicole Courtman, Registrar of the ALRA and Mr Chris Ingrey, Chief Executive of La Perouse Aboriginal Land Council. The chair will be Mr Jason Behrendt, Legal Executive, Chalk & Behrendt. Learn more here.

Places are limited so RSVP is essential.

To register, please click [here](https://nswbar.eventsair.com/2018-aboriginal-land-rights-cpd/registration-page/Site/Register "").

New CTP scheme will deliver massive profits to insurers

Mon Aug 20 2018
Law reform and public affairs

The NSW Greenslip scheme featured in a Sydney Morning Herald story today under the headline 'Delay, deny, don't pay': How CTP insurance turned into a nightmare'. The Bar Association has responded this afternoon with a media release, warning "the early indications are that the new CTP Scheme will deliver massive profits to insurance companies". View the media release here.

Discussions with the CDPP

Mon Aug 20 2018
Message from President Arthur Moses SC

As a result of representations from members of the junior bar in relation to fee rates and payment for preparation time, I have held a meeting with the Commonwealth Director of Public Prosecutions and the Commonwealth Solicitor for Public Prosecutions.

The CDPP for the first time this year conducted a survey of counsel from the private bar who are retained to undertake prosecution work. I congratulate the CDPP on this initiative as it will guide the manner in which the CDPP engage members of the private bar.

The CDPP has requested that any members of the NSW Bar who are of the view that more time is required to prepare matters than what has been allocated, then this should be raised at the first available opportunity so that it can be resolved. In relation to the daily rate for fees paid for briefs the CDPP is largely moving away from ad hoc fee increases, and noted that going forward, it will be reviewing the fees of all counsel regularly briefed, on a biennial basis, with the first review to occur in December 2018.

Members should also clarify with CDPP solicitors who make contact about a brief as to whether it is an inquiry in relation to availability as opposed to booking the barrister for a matter. This will avoid confusion and barrister’s diaries being unnecessarily booked. The Solicitor for the CDPP will also re-emphasise to solicitors the need for clarification.

Training program to be implemented

The CDPP and the NSW Bar have also agreed to work on a training program for members of the NSW Bar who wish to undertake work for the CDPP.

Submission on fees

In addition to the request of the CDPP in relation to individual approaches about fees, I invite members of the NSW Bar to send to Ting Lim at the NSW Bar Association at tlim@nswbar.asn.au any views that they wish to put forward in relation to the fees paid by the CDPP so that it may inform a submission to the CDPP from the NSW Bar in relation to a general increase in the fees to be paid to barristers. Could these submissions be sent by no later than 20 September 2018. The submission is an initiative of the NSW Bar Association and has not been sought by the CDPP who will need to consider it.

Retirement of Justice Richard Tracey

Mon Aug 20 2018

Justice Richard Tracey of the Victorian Registry of the Federal Court retired on Friday, 17 August. Commenting on his Honour's retirement, Bar Association President Arthur Moses SC said: "The NSW Bar wishes Justice Tracey well on his retirement from the Federal Court. Justice Tracey was a respected judge of that court, whose judgments will stand the test of time. His Honour was always courteous to counsel appearing before him while dealing with the most difficult matters."

The career of Justice Tracey was the subject of a Weekend AFR article (p.3) on 18-19 August.

Court security

Mon Aug 20 2018
Message from President Arthur Moses SC

I am in discussions with the NSW Government and heads of jurisdictions regarding the introduction of a pilot scheme for the use of an ID card to access court buildings. In the meantime, I remind members to make proper allowance for the time that it may take to progress through security screening, particularly at the Downing Centre and John Maddison Tower.

Coming up in CPD tomorrow

Mon Aug 20 2018
Professional development

On Tuesday 21 August, the Criminal Law Committee will host a seminar titled "Sentencing Reforms"

The speakers will be Luke Grant, Assistant Commissioner, NSW Corrective Services and Richard Wilson, Deputy Senior Public Defender. The event chair will be Stephen Odgers SC of Forbes Chambers. Learn more here.

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

2019 Regional Conference Series

Mon Aug 20 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.

Notification of change of practice address or contact details form

Mon Aug 20 2018

Have you recently moved to new chambers or changed contact details? The Legal Profession Uniform Law Application Regulation 2015 requires barristers to advise the Bar Council, in writing, of any change in practice address or contact details within seven days of the change. A short form is now available for barristers to update their practice details – the form can be found here. The form outlines all the necessary information that needs to be submitted. A reminder that any changes must be notified within 7 working days to the Bar Association.

Please note a PO Box cannot be a practice address.

For further information, contact the Bar Association’s Certification Officer at certification@nswbar.asn.au.

Save the date: Introduction to the Aboriginal Land Rights System in NSW

Fri Aug 17 2018
Professional development

On Tuesday, 18 September, the NSW Judicial Commission Ngara Yura Committee, the NSW Bar Association’s First Nations Committee and the Law Society of NSW Indigenous Issues Committee. cordially invite all members to a panel discussion on Aboriginal Land Rights System in NSW.

The seminar titled 'Introduction to the Aboriginal Land Rights System in NSW' will be hosted in the Federal Court Common Room, Level 20 Law Courts Building, Queens Square commencing at 5.15pm. Panellists include Ms Nicole Courtman, Registrar of the ALRA and Mr Chris Ingrey, Chief Executive of La Perouse Aboriginal Land Council. The chair will be Mr Jason Behrendt, Legal Executive, Chalk & Behrendt. Learn more here.

Places are limited so RSVP is essential.

To register, please click [here](https://nswbar.eventsair.com/2018-aboriginal-land-rights-cpd/registration-page/Site/Register "").

Notification of change of practice address or contact details form

Fri Aug 17 2018

Have you recently moved to new chambers or changed contact details? The Legal Profession Uniform Law Application Regulation 2015 requires barristers to advise the Bar Council, in writing, of any change in practice address or contact details within seven days of the change. A short form is now available for barristers to update their practice details – the form can be found here. The form outlines all the necessary information that needs to be submitted. A reminder that any changes must be notified within 7 working days to the Bar Association.

Please note a PO Box cannot be a practice address.

For further information, contact the Bar Association’s Certification Officer here.

The 2018 Common Law Drinks – Last Chance!

Fri Aug 17 2018

Registrations extended until Monday, August 20th

The Common Law Committee & the President of the NSW Bar Association would like to invite all NSW Bar Members to the 2018 Common Law Drinks to be held in the Cocktail Lounge of the Edinburgh Castle Hotel on Thursday August 30th. Tickets to the drinks are $75 for Judges and Barristers over 5 years and $55 for Clerks and Barristers under 5 years. The function will start at 5:30pm and drinks and canapés will be served from then onwards. Please visit the website here for any further event enquiries and for details on how to register.

We would also like to thank BarCover, who have kindly supported this event. Please visit their website here for information regarding income protection insurance for practising Australian barristers.

To register for this event follow the link here.