Inbrief
Family Court of Australia and Federal Circuit Court COVID-19 precautionary measures: Sydney, Parramatta and Wollongong - online and telephone services only
From 21–24 December 2020, there will be no face-to-face services at the following Family Court and Federal Circuit Court counters, unless otherwise approved by the Head of Jurisdiction: Lionel...
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President’s Message - Appearances at Manly Local Court and other Local Courts
I have this morning been in touch with the Chief Magistrate regarding sittings at Manly Local Court and travel to Court by practitioners in the Northern Beaches lockdown area.
Sittings are...
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President's Message
There is no doubt that 2020 has presented unprecedented challenges for our community generally and the NSW Bar has of course not been exempt. I would like to commend the flexibility and resilience of...
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Save the Date - 2021 Bench and Bar Dinner
The 2021 Bench and Bar Dinner will be held on 24 September next year at the Hyatt Regency.
Further information and registration details will be published in In Brief in the New Year.
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COVID-19: Information for Attending Court - Thursday 17 December
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.
Members are advised that, although the...
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St James' Church Law Term Service - 9:30am Wednesday 3 February 2021
Members of the NSW Judiciary, Bar and Legal Profession are invited to attend the 2021 Law Term Church Service to be held at St James’ Church, 173 King Street, Sydney on Wednesday, 3rd February 2021...
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Family Court of Australia and Federal Circuit Court of Australia - Expansion of the COVID-19 List
The Chief Justice of the Family Court of Australia and Chief Judge of the Federal Circuit Court of Australia the Hon Justice William Alstergren has today issued the following announcement regarding...
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Noting the direct impacts of COVID-19 are evolving, and drawing on extensive consultation with the Women’s Legal Services, various Men’s Groups, Relationships Australia and various Legal Aid organisations, we are expanding the criteria for the List to provide greater opportunities for litigants to seek urgent assistance from the Courts and take advantage of the fast-track nature of the list.
The expanded COVID-19 List will operate from 20 January 2021 and an updated Joint Practice Direction will be issued prior to that date.
The expanded criteria will capture matters which are directly or indirectly related to COVID-19, and if indirectly, have a significant connection to COVID-19. Which applications will be accepted into the expanded COVID-19 is at the discretion of the National Registrar or Judge assessing the application. However, to provide a degree of guidance, the following are examples of applications that may be considered suitable, subject to the specifics of each case, for filing in the COVID-19 List:
a. Family violence: There has been an escalation or increase in risk due to family violence associated with the COVID-19 pandemic. Examples include (but are not limited to) a breach of a family violence order, a party being charged with a family violence related offences or recent child welfare agency involvement with the family related to family violence concerns.
b. Suspension of parenting orders due to a family violence order: Where either parenting orders or a parenting plan have been suspended by an ex parte family violence order made during the COVID-19 pandemic and a party seeks that the Court make further parenting orders.
c. Medical: The parties cannot fulfil the parenting obligations due to a party and/or child testing positive for COVID-19 or medical complications from having contracted COVID-19, or due to concerns about infection or quarantine requirements.
d. Vaccinations: At the relevant time, there is a dispute about a child being vaccinated against COVID-19.
e. Supervised contact: The current parenting arrangements involve supervised contact, and the contact centre is closed or the supervisor is unable to perform their role, and the parties cannot agree on an alternative arrangement.
f. Travel arrangements or border restrictions: The parties live in different States or Territories and there are difficulties or anticipated difficulties with the child travelling between the parties’ residences, including due to any Government restrictions, or a party is planning international travel.
g. Urgent or priority financial and maintenance issues: A party is experiencing financial distress related to the impact of COVID-19 and requires urgent court orders, for example, an application for occupation or sale of a property.
h. Failure to resume time in accordance with parenting orders or a parenting plan: Where parties agreed to suspend parenting orders or a parenting plan due to COVID-19 restrictions, but there has been a failure or refusal to resume compliance with those parenting orders or that parenting plan following the easing of COVID-19 related restrictions.
i. COVID-19 related employment: A party is a front line health worker or engaged in other employment connected with COVID-19 that is impacting parenting arrangements or compliance with orders.
Matters which are assessed as suitable for the list and are urgent will continue to be given a first court date before a Judge, Senior Registrar or Registrar for an initial hearing within 3 business days. Where matters are otherwise assessed as suitable for the list but an urgent date is not necessary, they will be listed for an initial hearing within 7 business days.
If applications do not meet the criteria, but they are urgent, they will continue to go into the normal abridgement list. If they are not urgent they will be treated like any other application and be referred to the Duty Lists.
Both the Deputy Chief Justice and I will continue to oversee and monitor the performance of the expanded lists, which commence operation on 20 January 2021. The existing COVID-19 List will continue to operate, including during the holiday period, as will the usual urgent applications process, prior to the commencement of the expanded list.
It is important that the Courts continue to proactively manage COVID-19 related applications as Australian families continue to deal with the longer term consequences presented by the pandemic. Thank you for your ongoing support of this important initiative for Australian families."
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Member Advantage gifts for Christmas
Member services and benefits
Member Advantage has completed a rebrand and their benefits website is now even easier to use, just in time to help you save this holiday season. After a tough year,...
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COVID-19: Information for Attending Court - Wednesday 16 December
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 update from the...
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Appearances in the District Court in 2021
The Chief Judge of the District Court the Hon Justice Derek Price AO has provided an update regarding appearances in the District Court in 2021.
The update is available here.
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Bar News Summer 2020
The latest edition of Bar News is now available with lots of reading for the summer holidays.
Hard copies will arrive over the next few days. Enjoy!
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2020 NSW Bar Association Accessibility Survey
We need your help to better understand the accessibility challenges facing all members, their solicitors and clients. The 2020 NSW Bar Association Accessibility Survey consists of 10 simple...
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COVID-19: Information for Attending Court - Tuesday 15 December
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.
Members are advised that, although the...
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NCAT - Christmas and New Year 2020-21 holiday arrangements
The following arrangements will apply at NCAT over the 2020-2021 Christmas and New Year holiday period.
Hearings
The last hearing day in 2020 for all NCAT Divisions except for the Guardianship...
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2021 Regional Conference Series
Registrations are now OPEN for the New South Wales Bar Association 2021 Regional CPD Conference Series. As in the past, the conferences will be held across the state to assist barristers in...
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Downing Centre - Local Court closure details for Christmas/New Year
The last sitting day for NSW Local Courts will be Thursday 24 December 2020.
The Downing Centre, Central Local Court and the Sydney Civil Registry will be closed from Friday 25 December 2020 and...
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COVID-19: Information for Attending Court - Monday 14 December
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.
Members are advised that, although the...
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The 37th Great Bar Boat Race
Entry Form and racing pennants now available
The 37th Great Bar Boat Race will be held on Monday, 21 December 2020. A Notice of Race and entry form may be obtained here.
If you have already entered...
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ABA offers on car brands
Member services and benefits
As a member of the New South Wales Bar Association, you are eligible for various benefits provided by the Australian Bar Association's exclusive member offers program....
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logging into the member dashboard of the New South Wales Bar Association's website and selecting "ABA member offers on new cars". To complete the letter, you will need to have the details of dealership, including the sales representative's name and email. All you need is their business card.
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COVID-19: Information for Attending Court - Friday 11 December
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 e-bulletin No 112 from the...
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International Bar Association wellbeing and mental health survey
Wellbeing
The International Bar Association has launched a wellbeing and quality of working life survey. The key initial phase of their project consists of two global surveys – one for individual...
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Court of Appeal Decisions of Interest Bulletin
Practice support
The NSW Court of Appeal has published its latest Decisions of Interest Bulletin on the Court of Appeal website. Learn more here.
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President's opinion piece - Drug Law Reform
Yesterday the Daily Telegraph published an opinion piece regarding drug law reform from the President Michael McHugh SC under the tile "It's Not About Being Soft".
The President's opinion piece is...
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2021 Law Council of Australia Executive
At the recent Directors’ Meeting of the Law Council of Australia, the following Directors were elected as Members of the Law Council Executive for 2021:
• Dr Jacoba Brasch QC, President
•...
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New Land and Environment Court Practice Note - Class 5 Proceedings
The Land and Environment Court of NSW has published a new Practice Note - Class 5 Proceedings, effective today. It replaces the Practice Note – Class 5 Proceedings made on 3 April 2018.
The new...
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