Inbrief

• Common Law Division: Manager of Listing Services, Mr Milio Cesta-lncani via email to Milio.Cesta-lncani@justice.nsw.gov.au or Manager of Client Services, Ms Naomi Ubrihien via email to naomi.ubrihien@justice.nsw.gov.au

COVID-19: Information for Attending Court

The New South Wales Bar Association’s consolidated guide to COVID-19-related court arrangements has today again been updated in terms of recent developments, and includes today's Microsoft Teams Practitioner’s Fact Sheet from the NSW Land and Environment Court.

Members are advised in this regard that, although the Bar Association is regularly updating the COVID-19 page of its website as information comes to hand, please refer to the latest court resources directly as developments are changing quickly at this time. Do not make any assumptions regarding your case without first doing so. Links to the various court and tribunal pages are provided in the body of the guide.

Members are advised in this regard that, although the Bar Association is regularly updating the COVID-19 page of its website as information comes to hand, please refer to the latest court resources directly as developments are changing quickly at this time. Do not make any assumptions regarding your case without first doing so. Links to the various court and tribunal pages are provided in the body of the guide.

Members are advised in this regard that, although the Bar Association is regularly updating the COVID-19 page of its website as information comes to hand, please refer to the latest court resources directly as developments are changing quickly at this time. Do not make any assumptions regarding your case without first doing so. Links to the various court and tribunal pages are provided in the body of the guide.

Members (not just those holding a practising certificate) who wish to be considered for appointment to a committee on the list should complete the form, indicating the committees for which they wish to be considered and their relevant experience. Existing members of committees (except for Professional Conduct Committees, as outlined below) who wish to continue on a particular committee should also complete the form.

Expressions of interest will close at 5pm on Monday 15 June 2020.

The Association is very fortunate that we have many more volunteers for committees than can possibly be accommodated. The President has therefore asked that members restrict their choice of committees to no more than two. In confirming committee membership, the President seeks to ensure that all parts of the Bar — geographically, practice areas and seniority — are represented on each committee.

Please note that until new committees are established and promulgated, the existing committees continue unchanged. The existing appointments to various working parties and representatives for the Association continue unless and until the President determines otherwise.

Acknowledgement of your expression of interest will be emailed to you within 24 hours. If you do not receive an acknowledgement, please contact committees@nswbar.asn.au.

Professional Conduct Committees

Following consultation with the President, it has been decided not to call for expressions of interest for the Professional Conduct Committees (PCCs) this year to ensure continuity to support a number of ongoing matters. However, it is appreciated that members’ circumstances may have changed, so if any existing PCC member wishes to stand down, please contact Jocelyn Sparks, Director Professional Conduct on jsparks@nswbar.asn.au.

Inquests and Inquiries Committee

This year the Association is seeking expressions of interest for a new Inquests and Inquiries Committee (IIC). It is anticipated that the IIC will likely be called on to assist the Bar Council, Executive and Department of Policy and Public Affairs in preparing a number of policy submissions in response to requests for consultation by governments, parliaments, inquiries and other reform bodies. The IIC has been included on the new form and we welcome applications.

Thank you for your consideration and your service to the Bar. We look forward to receiving your applications.

Greg Tolhurst

Executive Director

25 May 2020

Please consider contributing to help build the evidence base on how remote justice is being delivered.

The primary focus of the Supreme Court's Protocol is upon the health and wellbeing of court users, recognising the need to limit the number of people within the Court precinct. The Court will continue to monitor and assess matters before it, and the Protocol recognises that some matters may remain in the virtual courtroom environment and that others may involve a hybrid model, where part of the proceedings occur face-to-face within the courtroom, while other parts are conducted by virtual courtroom methods.

The Chief Justice has indicated that he regards the Bar Association’s Protocol for In-Person Hearings while Social Distancing, which was published last week, as being consistent with the Supreme Court’s Protocol.

I encourage members to carefully read and have regard to the Supreme Court’s Protocol. I also encourage members to have regard to the Bar Association’s Protocols for In-Person Hearings while Social Distancing and for Remote Hearings which, together with Supreme Court’s Protocol, should provide useful guidance for appearances in Courts and Tribunals generally, subject of course to the particular directions applying in those Courts and Tribunals.

COVID-19: Information for Attending Court

The New South Wales Bar Association’s consolidated guide to COVID-19-related court arrangements has today again been updated in terms of recent developments, and includes:

• the Supreme Court's ​Re-issued Common Law Practice Notes CL 1,3,4 and 6, effective Monday 25 May; and

• Chief Magistrate’s Memorandum No 11 COVID-19 Arrangements - Listing of Defended Hearings with Persons in Custody where the Hearing has been Previously Abandoned and Changes to Arrangements set out in Previous Memoranda.

Members are advised in this regard that, although the Bar Association is regularly updating the COVID-19 page of its website as information comes to hand, please refer to the latest court resources directly as developments are changing quickly at this time. Do not make any assumptions regarding your case without first doing so. Links to the various court and tribunal pages are provided in the body of the guide.

Also, the Centre has developed an Interoperability Guide which provides details of the VC platforms that are being supported, this Guide can be found here

If you would like to make an appointment or have any questions in relation to this matter, please do not hesitate to contact Margaret James on 9223 1044.

The Association’s submission included reflections on the impact of artificial intelligence on human rights generally, as well as discussion of the challenges and policy questions raised by the COVID-19 pandemic for the use of technology in the justice system and community. Read the Association’s submission here

For the 2020-21 practising year, the minimum level of PII insurance that a NSW barrister must take out is $1.5 million.

To assist barristers, the Bar Association publishes on its website all approved PII policies offered by Aon, Marsh, Suncorp, Willis Towers Watson and Austbrokers Countrywide, together with contact details, information about stamp duty exemptions and a table comparing the PII policies.

Please note that it remains the responsibility of the individual barrister to satisfy himself or herself as to the content of the policies on offer, the terms and conditions, and the premium applicable to them.

Members are advised in this regard that, although the Bar Association is regularly updating the COVID-19 page of its website as information comes to hand, please refer to the latest court resources directly as developments are changing quickly at this time. Do not make any assumptions regarding your case without first doing so. Links to the various court and tribunal pages are provided in the body of the guide.

If the barrister wishes to have a record of the discussion with senior counsel, he or she should send a letter to senior counsel as soon as is practicable, recording the facts and the guidance given. A copy of the letter to senior counsel may also, if the barrister wishes, be sent to the Professional Conduct Department by email at pcd@nswbar.asn.au.

However, any decision and all responsibility is that of the individual barrister. The role of senior counsel is to provide an opportunity for discussion to assist members in reaching a conclusion, not to give legal advice or a 'ruling'. A previous system for providing ‘ethics rulings’ to barristers was reviewed by the Bar Council some years ago and is no longer in place.

Members should make themselves familiar with the Legal Profession Uniform Conduct (Barristers) Rules 2015. The rules are available on the Bar Association’s website and the New South Wales legislation website.

There is no provision in the current rules for the Bar Council or president to waive compliance with any rule.

A reader requiring urgent ethical guidance should contact his or her tutor/s in the first instance. Readers should seek ethical guidance through this scheme only where tutors are unavailable, or where following a discussion with the tutors, additional guidance is required. If a barrister has any further questions about the Ethical Guidance Scheme, please contact the Bar Association’s Professional Conduct Department by email at pcd@nswbar.asn.au.

The decision by the Legal and Constitutional Affairs References Committee not to consult with experts, stakeholders or most importantly survivors of family violence is unfortunate.

This Committee was given an important role which complemented rather than duplicated ongoing parliamentary inquiries into Australia’s family law system and the Government’s merger proposal. The Committee has merely conducted a basic literature review that does not do justice to its brief and denied an important opportunity for those affected by family violence to speak about their experiences and contribute to reform.

The Association encourages the Parliament to ensure family violence service providers and the family law system including the Courts are properly funded and resourced to best support those in need of urgent assistance.

Pride and Diversity are delighted to invite you to join a Pride in Diversity led webinar with the Commissioner, who will discuss her report with a particular focus on the LGBTQ findings and recommendations.

The webinar will be held from 11 am to mid-day on Tuesday 2 June.

Members wishing to attend the webinar should contact the New South Wales Bar Association's Advocate for Change Andrew Pickles SC here.