Incorporation of barristers' practices (including advice from James Nolan)

23/08/2013

As members would be aware, a General Meeting of the Bar will be held in the Common Room on Tuesday 17 September 2013 at 5.15pm. I have been notified that an amendment to the motion in the Notice of Meeting will be moved at the General Meeting in the following terms: “This meeting expresses its support for changes that would permit barristers who choose to do so to practise through single member, sole director companies, and the meeting further requests that the Bar Council seek the necessary changes”. I have also received notice that it is likely that a vote by ballot (rather than show of hands) will be demanded at the meeting. The Bar Association will be making arrangements for the administration of a ballot vote, which will necessitate each member registering their attendance on arrival, and being issued with a form of ballot. This process could take some time, so I encourage you to arrive early so that we can start the meeting on time. Registration can take place from 4.45pm. A few weeks ago, before the General Meeting to be held on 17 September was requisitioned, the Bar Council commissioned advice from three senior counsel on matters relevant to its then continuing discussion about the pros and cons of barristers being able to incorporate their practice. Download the advices from Webster SC, Walker SC, Richmond SC Slater QCand Nolan. I urge you to read the advices before making up your mind as to whether you believe the Bar Council should ask the Government to agree to the Barristers’ Rules and Legal Profession Act 2004 or the forthcoming national profession legislation being amended to permit barristers to incorporate their practice. If you have provided the Bar Association with a proxy for the meeting on 17 September, and having read the advices wish to withdraw or amend your proxy, please contact the Certification Officer on certification@nswbar.asn.au or 9229 5740. Alternatively, you may complete a fresh proxy and forward it to the Certification Officer, as a proxy later in time will revoke an earlier proxy. A further copy of the New South Wales Bar Association preferred proxy form issued with the Notice of Meeting is available here. Phillip Boulten SC President ** **27 August 2013


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