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Desmond Christopher Andersen QC (1932-2017)

Fri Nov 24 2017
Vale

Desmond Andersen QC, formerly of 8 Garfield Barwick Chambers, died last night. Members will be advised of funeral arrangements as soon as they are known.

Robert Dubler SC appointed to NCAT

Fri Nov 24 2017
Appointments

NSW Attorney General Mark Speakman SC has announced the appointment of Robert Dubler SC as a part-time senior member of the NSW Civil and Administrative Tribunal for a term of five years. Bar Association President Arthur Moses SC has welcomed the appointment, saying: "Mr Dubler SC comes highly qualified for the position and will make an important contribution to the work of the tribunal."

High risk offenders legislation passes through the NSW Parliament

Thu Nov 23 2017
Law reform and public affairs

The NSW Government's most recent counter-terrorism legislation, the Terrorism (High Risk Offenders) Bill has passed both houses of parliament. President Arthur Moses SC told AAP that the Bar Association was opposed to any legislation which kept people in jail based on "speculation".

"The threat of terrorism is serious and cannot be underestimated," he said.

"However the way to keep the community safe is not to take away the rights of people but to provide police with proper resources to properly investigate matters, charge suspects and bring people before the courts to be dealt with according to law."

Seven News and Sky each ran stories on the legislation. He said:

During debate in the Legislative Council, David Shoebridge MLC (Greens) referred to opposition expressed by the Bar Association. He said:

This law is seen as offensive not only by The Greens. It is opposed also by the New South Wales Bar Association, which stated that: "The New South Wales Bar Association has consistently opposed the statutory High Risk Offenders regime. The amendments proposed will extend the cohort of offenders caught by the Act, remove safeguards and are contrary to established sentencing principles." We join with the Bar Association in its condemnation of this bill.

ADRA Christmas workshop and dinner

Thu Nov 23 2017

Members are invited to the Australian Dispute Resolution Association's Christmas Event on Tuesday, 28 November 2017. There will be a workshop from 3.15pm to 5.30pm, followed by Christmas Dinner at Silks Cafe. For more information, or to reserve your place, click here.

Indigenous pre-law students visit to Bar Association

Wed Nov 22 2017
Diversity

As part of the NSW Bar Association’s Reconciliation Action Plan, we host an annual visit from the Indigenous students attending the UNSW pre-law course. This year the visit is on Tuesday, 12 December and starts at 9.00 am in the Bar Association’s common room.

We are seeking volunteers to attend the morning discussion about life as a barrister and then take several students back to Chambers. A visit to the Supreme Court starts at around 12.30 pm and then there is a lunch in the common room.

The objective is to demonstrate to the new law students the role of barristers and to encourage them to see the Bar as a future career option.

We need volunteers. Please come for an enjoyable morning and a rewarding exchange with some aspiring law students. If you are able to attend, please contact Chris Ronalds SC on ronalds@fjc.net.au.

We look forward to hearing from you.

Chris Ronalds SC

Chair, Indigenous Barristers’ Strategy Working Party

Motor Accident Guidelines and Regulation to take effect on 1 December

Wed Nov 22 2017

The Motor Accident Injuries Act 2017 (NSW) (the Act) establishes a new scheme of compulsory third party (CTP) insurance and the provision of benefits and support relating to people injured as a consequence of motor accidents in New South Wales (NSW). The new scheme commences on 1 December 2017 and applies to motor accidents occurring on or after 1 December 2017.

Pursuant to s 10.2 of the Act, the Motor Accident Guidelines have been published in the NSW Government Gazette. The Guidelines apply to motor accidents occurring on or after 1 December 2017 and take effect on that day. The Guidelines relating to premium determination apply to premium rate filings for all third party policies commencing on or after 1 December 2017.

Also made under the Motor Accidents Injuries Act 2017 is the Motor Accidents Amendment Regulation 2017, which commences on 1 December 2017.

United Nations Day Lecture re-scheduled to 5 December

Wed Nov 22 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 Wednesday, 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

Wed Nov 22 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

Wed Nov 22 2017

Wednesday, November 22 2017: 'David and Goliath: A talk on the Yindjibarndi Aboriginal Corporation v Andrew Forrest’s Fortescue Metals Group'

Presented by Vance Hughston SC and Tina Jowett. Chaired by Stephen Lloyd SC. For full details please download a flyer here.

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

Book a Fitting, we’ll come to you!

Wed Nov 22 2017

Karen Gee exclusive women’s wardrobe consultations

Featuring the finest made-to-order women’s garments exclusively by Karen Gee, we provide private consultations at your office and assist with your unique wardrobe needs on your schedule, delivering the perfect look especially made for you.

For all inquiries and bookings, please email Lydia@karengee.com.au

Cooperation between Bench and Bar during Queens Square shutdown

Tue Nov 21 2017
Message from President Arthur Moses SC

The Law Courts Building re-opened on 15 November 2017. Chief Justice Bathurst AC has asked me to thank members of the New South Wales Bar for their cooperation during the period of closure of the Law Courts Building in Queens Square. The co-operation between the Bench and Bar facilitated minimal disruption to the justice system. The Bar Association was able to assist the court in hosting a meeting of visiting judges and a conference at the offices of the Bar Association during this period. I also join with Chief Justice Bathurst AC in thanking members and the staff of the Bar Association for their cooperation and good humour during this period.

NSW Bar Association CPD Conferences 2018

Mon Nov 20 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

Mon Nov 20 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

Coming up in CPD this week

Mon Nov 20 2017

Wednesday, November 22 2017: 'David and Goliath: A talk on the Yindjibarndi Aboriginal Corporation v Andrew Forrest’s Fortescue Metals Group'

Presented by Vance Hughston SC and Tina Jowett. Chaired by Stephen Lloyd SC. For full details please download a flyer here.

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

Commencement of provisions of the Parole Legislation Amendment Act 2017

Mon Nov 20 2017

The following aspects of the Government's recent Parole Legislation Amendment Act 2017 commence today:

• Community safety test: The State Parole Authority (SPA) will use the new community safety test when considering offenders for parole. The community safety test replaces the ‘public interest’ test and requires that the SPA only release an offender on parole if they are satisfied that it is in the interests of community safety. The test also requires the SPA to consider, if applicable, whether the offender has disclosed the location of the remains of a victim (‘no body, no parole’).
• Changes to Victims Register: The Corrective Services Victims Register have clearer authority to provide information to all registered victims (instead of only victims of serious offenders) when there are important changes to a relevant offender’s circumstances in custody. This includes when a relevant offender is being considered for parole. All registered victims will have the right to make a submission to be considered by the SPA during decision making. • Information sharing to improve management of offenders: Health service providers will be required to provide information to Community Corrections about the participation of a parolee in medical treatment required as a parole condition, or under direction from a Community Correction Officer. For example, psychiatric, anti-libidinal or drug treatment. This allows Community Corrections to more effectively supervise a parolee. Health service providers are not required to provide specific details about the nature of the service provided. • Extension of the prerogative of mercy: This allows the Governor of NSW to grant pardons to offenders, or lessen the impact of their sentences, such as by releasing them from custody before their non-parole periods expire. The scope of the prerogative of mercy will be extended to authorise the Governor to release an offender on parole. An offender released on parole under the prerogative will be subject to the same controls by SPA and supervision by Community Corrections, as any other offender released on parole.
• Extending the right to request the SPA revoke parole: The power of the Attorney General and Director of Public Prosecution to request the SPA revoke a parole order of a serious offender (on the grounds that it was obtained on the basis of false, misleading or irrelevant information) has been extended to the Minister for Corrections. • Review of decision to revoke parole: The SPA have clearer authority to consider the behaviour of the offender, including any offences alleged to have been committed on parole or after parole was revoked, when reviewing the decision to revoke parole.

For further information, see the Department of Justice's parole reform webpage

District Court Criminal Practice Note 12

Fri Nov 17 2017
Practice and procedure

District Court Criminal Practice Note 12 was published in the NSW Government Gazette today. It applies to proceedings on indictment with an estimated duration of two or more weeks. It will take effect from 2 March 2018, so that trials with estimates of two or more weeks listed to commence from 16 April 2018 will be listed for readiness hearing. Download the practice note here.

NSW Council for Civil Liberties 2017 Dinner

Fri Nov 17 2017

Michael Kirby AC CMG and Bret Walker SC will be speaking on current civil liberties issues and the law at the Civil Liberties Dinner, at the Sky Phoenix restaurant on Friday, 24 November 2017. Bret will give the keynote address on: The People are not Instruments (or Peter Dutton is not Immanuel Kant). For details see here. Bookings here.

Adopt NT royal commission recommendations: LCA

Fri Nov 17 2017
Law reform and public affairs

The Law Council of Australia has called for the immediate adoption of key recommendations made by the Royal Commission into the Protection and Detention of Children in the Northern Territory
– including raising the age of criminal responsibility from 10 to 12; and that no child under 14 should be sentenced to detention, except in the most serious cases.

Law Council of Australia President, Fiona McLeod SC, said today’s royal commission report uncovered shocking treatment of children and young people within the juvenile justice system and that an immediate NT and national response was required.

View the Law Council's media release here and read the royal commission's report here.

Jose Crespo (1964-2017)

Fri Nov 17 2017
Vale

Jose Crespo, Crown prosecutor, died yesterday. Members will be advised of funeral arrangements as soon as they are known.

2017 ACC National Conference

Thu Nov 16 2017
Direct briefing

The Bar Association, through an initiative of the Practice Development Committee, is a sponsor of the Association of Corporate Counsel 2017 Annual Conference in Alice Springs. The Bar Association has sponsored the mobile barista - complete with the obligatory merchandise. According to InBrief's sources, it is doing a roaring trade.

United Nations Day Lecture re-scheduled to 5 December

Thu Nov 16 2017
International trade law

The United Nations Day Lecture marking the 50th anniversary of the founding of UNCITRAL has been postponed to 5 December 2017 due to the closure of the Law Courts Building in Queens Square. Learn more here.

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.