Inbrief

For further information, or to register for this event, please click here.

All enquiries will be dealt with in the strictest confidence and can be directed to the Clerk.

Should you have any questions about the webinar, please contact wellbeing@nswbar.asn.au

Background

A great tradition at the Bar is the ‘Open Door Policy’ and it is to be hoped that it will continue. However, the Wellbeing Committee believes, anecdotally, that there is demand among a new generation of barristers to seek support in the online medium, particularly since the advent of COVID-19, which has brought about an increase in working from home. Some have turned to the Bar Association’s Ethics Guidance service for advice on matters that are not strictly related to ethics.

To be sure, BarCare is another great resource. However, a barrister is more likely to call BarCare when a problem has developed into a crisis. That is why the Wellbeing Committee is setting up the Safe Place to be concomitant with BarCare.

Format

The discussion group will operate online. Participants will have the opportunity to make full use of security settings on the Zoom AVL platform to protect their interests. Topics for discussion may be submitted to the convenor in advance or by using the chat function. Members may adjust the settings so as not to display their identity. Alternatively, those who wish to contribute may be admitted as a panellist to make their contribution. Those who do not want to share would be able to listen to others.

The format would be similar to that adopted by ‘12 Step programs’ insofar as moderators would not provide advice. Rather, the moderators would throw open the floor for each barrister to share their experiences or concerns (on a voluntary basis), without commentary from others and on the condition of discretion and confidentiality.

www.sirowendixon.com.au

• Today’s COVID-19 Update from the Chief Judge of the District Court;

• Today's amended Chief Magistrate's Memorandum 19 and extended Court Security Act 2005 Order regarding NSW Local Courts, which can be found here; and

• Today’s Children's Court Public Notice No 10.

Members are advised 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.

Registered attendees will receive a further email with the Zoom link before the event.

About the Lecture

Aliens, Defence, Juries, and Marriage

In constitutional interpretation there is an important divide which has been described as a difference between interpretation and construction, or between concept and conception, or between meaning and application, or between essential meaning and non-essential meaning. However it is described, this difference has been recognised in many decisions of the High Court of Australia. This lecture will explore the difference by reference to High Court decisions in relation to four constitutional concepts: Aliens, Defence, Juries, and Marriage.

The Memorandum has also been amended to delete Orange and Blayney Courts from the arrangements, as the stay at home orders for the Orange, Blayney and Cabonne communities have been lifted by the NSW Government. Amended Memorandum 19 is available here.

The Court Security Act Order for NSW Local Courts has also been extended until 28 August 2021 and now includes a provision for wearing a mask unless evidence is produced of a medical exemption. The new Order is available here.

• NSW Government COVID-19 Business Grant (open for applications now);

• The NSW Government JobSaver Program (open for applications now);

• NSW Government COVID-19 micro-business support grant (open for applications now); and

• Commonwealth Government COVID-19 Disaster Payment (open for applications now).

An updated summary, which contains links to application and registration pages and information on eligibility criteria and other relevant information, is available here.

The summary is intended as a guide only and members and chambers should make their own enquiries regarding the application of the various packages to their particular circumstances.

For further information, or to register for this event, please click here.

Judge Kara Shead SC and Judge Craig Smith SC will lead the New South Wales Bar Association's 2021 Vulnerable Witness Advocacy Training Program. The practical in-person training will focus on the Australian Royal Commission's recommendations in the Institutional Responses to Child Sexual Abuse.

The training, hosted in conjunction with the Australian Advocacy Institute, will provide training in the sensitivities involved in questioning vulnerable witnesses, dealing with vulnerable witnesses in court, and obtaining the best evidence from a vulnerable person. Participants will leave the course with a greater understanding of the fundamental principles behind approaching, questioning, and dealing with vulnerable people.

The Vulnerable Witness Advocacy Training Program combines traditional teaching methods with a more practical and skills-based approach to advocacy training. The goal is to inspire barristers to continually examine how they practice and pursue excellence in their advocacy in a supportive, engaging and challenging environment. The full-day program will be lead by Australian judges and senior practitioners.

To demonstrate the New South Wales Bar Association's commitment to and recognition of the importance of this training, the workshop is provided at a subsidised rate to all NSW Practicing Certificate holders.

There are places available for only 24 barristers. Please register early to avoid disappointment.

Details

When - Saturday 23 October 2021

Where - Location to be advised.

Cost - $995 inc GST

The workshop is run by registration only and places are strictly limited. To REGISTER please click HERE.

• Today’s update from the District Court of NSW regarding Orange Court;

• Today’s amended and extended State Coroner’s COVID-19 Memorandum No 4;

• Today’s extended Federal Court announcement regarding Online and telephone services only for its NSW Registry; and

• Today’s extended Family Court and Federal Circuit Court announcement regarding Online and telephone services only for the Sydney, Parramatta and Wollongong registries

Members are advised 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.

Applications must be submitted online, no later than 5.00pm on Friday, 30 July 2021. It is intended the names of successful applicants will be announced on or before the first Friday in October.

If you are an applicant who has held a barrister's practising certificate continuously in another state or territory prior to joining the NSW Bar, please contact Michelle Nisbet at the New South Wales Bar Association via mnisbet@nswbar.asn.au or on 9229 1713 or 0402 775543 in order that this can be noted in the information sent to the Consultation Group.

Applications must be submitted online, no later than 5.00pm on Friday, 30 July 2021. It is intended the names of successful applicants will be announced on or before the first Friday in October.

If you are an applicant who has held a barrister's practising certificate continuously in another state or territory prior to joining the NSW Bar, please contact Michelle Nisbet at the New South Wales Bar Association via mnisbet@nswbar.asn.au or on 9229 1713 or 0402 775543 in order that this can be noted in the information sent to the Consultation Group.

Should you have any questions about the webinar, please contact wellbeing@nswbar.asn.au

Background

A great tradition at the Bar is the ‘Open Door Policy’ and it is to be hoped that it will continue. However, the Wellbeing Committee believes, anecdotally, that there is demand among a new generation of barristers to seek support in the online medium, particularly since the advent of COVID-19, which has brought about an increase in working from home. Some have turned to the Bar Association’s Ethics Guidance service for advice on matters that are not strictly related to ethics.

To be sure, BarCare is another great resource. However, a barrister is more likely to call BarCare when a problem has developed into a crisis. That is why the Wellbeing Committee is setting up the Safe Place to be concomitant with BarCare.

Format

The discussion group will operate online. Participants will have the opportunity to make full use of security settings on the Zoom AVL platform to protect their interests. Topics for discussion may be submitted to the convenor in advance or by using the chat function. Members may adjust the settings so as not to display their identity. Alternatively, those who wish to contribute may be admitted as a panellist to make their contribution. Those who do not want to share would be able to listen to others.

The format would be similar to that adopted by ‘12 Step programs’ insofar as moderators would not provide advice. Rather, the moderators would throw open the floor for each barrister to share their experiences or concerns (on a voluntary basis), without commentary from others and on the condition of discretion and confidentiality.

After registering, you will receive a confirmation email containing information about joining the meeting. (Any difficulties registering – please contact Claire Roberts: roberts@elevenwentworth.com).

In this accreditation round, the NSW Bar Association invites applications from:

• members who were accredited as a mediator by the Association under the NMAS in 2019 and whose accreditation is due to expire on or before 25 October 2021;
• members wishing to be accredited for the first time;
• members whose previous accreditation has lapsed; and
• members who are accredited by another RMAB and wish to be included on the Supreme Court and/or District Court mediator lists.

Members may apply for accreditation or re-accreditation and not apply to be considered for inclusion on the Supreme Court and/or District Court mediator lists. Please note, however, that members must be accredited by the Bar Association in order to appear on either Court’s mediator list.

Before completing the online application form, applicants should familiarise themselves with the NMAS Standards and Practice Standards to ensure that they are eligible for accreditation or re-accreditation. Applicants will then need to log in using their NSW Bar Association Membership ID and password to access BarADR's online application form and upload any relevant information and documentation by 5pm on 25 August 2021.

Successful applicants will be notified in October 2021. Accreditation will be for two years until October 2023.

Please note that NMAS mediator accreditation must be renewed every two years. It is the responsibility of each barrister to monitor the status of their accreditation.

For further information, please contact BarADR at baradr@nswbar.asn.au