Chambers News



Speaking on Wednesday 27 February

Topic: How to win your local court criminal case


  • Ethics and Professional Responsibility
  • Practice Management and Business Skills
  • Substantive Law, Practice and Procedure, and Evidence
  • Barristers’ Skills



  • How to put your client at ease with one comment
  • How to cross examine police
  • What you need to prevent the prosecution proving
  • How to know what the magistrate is thinking before you call evidence
  • The value of applications to exclude evidence
  • What the prosecution might hand up on sentence without telling you



Speaking on Monday 4 March

Topic: Conflicts of interest, show cause events and disclosure in settlement negotiations


(a) Ethics and Professional Responsibility



Speaking on Tuesday 5 March

Topic: Care proceedings


              (c) substantive law, Practice and Procedure, and Evidence


Mark and Greg will explain recent developments in Child Protection Law including amendments to the “Children and Young Persons (Care and Protection) Act”



Speaking on Thursday 7 March

Topic: Aboriginal cultural rights in family law


  • Ethics and Professional Responsibility

(c)   Substantive Law, Practice and Procedure, and Evidence

(d)   Barristers’ Skills

This presentation examines the tension between the ‘best interests’ test and Aboriginal children’s cultural rights in Family Law case law.



Speaking on Monday 11 March

Topic: Current attitude and practice in the Supreme Court in relation to s 56 and s 60 Civil Procedure Act 2005


(a)   Ethics and Professional Responsibility

(b)   Practice Management and Business Skills

(d)   Barristers’ Skills


In recent times with the court system groaning under the ever increasing weight of Interlocutory Applications and fresh proceedings the court is attempting to pull practitioners back into line consistent with s. 56 and s. 60 Civil Procedure Act 2005 and what was stated by the High Court in Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303; [2013] HCA 3 at [57]. It is timely to remember the various procedural changes that have taken place in the last 12 months judgements of the court and the fundamental operation of practitioners towards the court and parties and opponents in light of recent authorities and potential costs consequences.



Speaking on Wednesday 13 March

Topic: Bitcoin and blockchain HODL or FODL?


(c) Substantive Law, Practice and Procedure, and Evidence

What is bitcoin?

What is blockchain?

How does bitcoin work?

Is bitcoin a fraud?

Is bitcoin a bubble?

What is the lightning network?


Lishan, a humble servant of the crypto overlords will reveal the current state of play in blockchain economics, blockchain tech, taxation and law.



Speaking on Thursday 14 March

Topic: Gloucester Resources Limited v Minister for Planning (2019) NSWLEC 7: new law on climate change in the Land and Environment Court


(c) Substantive Law, Practice and Procedure, and Evidence


  • Why Gloucester Resources is a landmark climate change case.
  • The history of greenhouse gas emissions as a mandatory relevant consideration.
  • What this decision will and won’t change in future decisions about greenhouse-gas intensive developments.



Speaking on Monday 18 March

 On the topic of managing complex litigation, with reference to her recent case,  R v Eastman


  1. Ethics and professional responsibility

(c)  Substantive law, practice and procedure, and Evidence

(d)  Barristers skills



Speaking on Tuesday 19 March

Topic: Developments in the law in relation to the nature of jurisdictional error


  (c) Substantive Law, Practice and Procedure, and Evidence


We have come a long way since Sir Frederick Jordan’s helpful analysis of what might constitute jurisdictional error.  Then we were informed that there were mistakes and mistakes.

In order to ensure there is a doctrinal basis for the classification of error as either jurisdictional or non jurisdictional, the High Court has recently informed us that a mistake must be material in order that it be jurisdictional.  Whilst that might simply sound like another amorphous adjective which provides little more assistance than Justice Gleeson’s helpful guide that “you know it when you see it”, there is actually significantly more to be gleaned from the High Court’s approach.  No little assistance can be gained from a review of recent authority on legal unreasonableness.

This paper will attempt to guide one through the morass to emerge with the happy talent of being able to say, as Justice Roderick Meagher so delightfully did, that the Tribunal below “had the undoubted jurisdiction to get it as wrong as they clearly did”.


Speaking on Thursday 21 March

Topic: Bubblewrap & burps – The new world of contract law


  • Ethics and Professional Responsibility

(c) Substantive Law, Practice and Procedure, and Evidence.


You know you used to sign a contract and the court said you were bound? You don’t sign things anymore, do you? You either tick the tick box, or you say “I agree” when the robot asks. What does this mean? Is there a deemed signed contract? Do parking ticket cases have meaning after all? What about consumer law? At a more profound level, how does the intercourse between your keyboard and an algorithmic android identify itself within the language of “contract law”? What is “the contract”? What is your obligation as a lawyer representing a party to get any “contract” before the court in a just, quick and cheap manner? These and other questions will be posed and possibly, in a non-binding way, answered.



Speaking on Monday 25 March

Topic: Interpretation by the NSWCCA of s101 of the Crimes (Appeal and Review) Act in the context of the Bowraville Murders


(c)   Substantive Law, Practice and Procedure, and Evidence



Speaking on Thursday 28 March

Topic: The new child sexual assault regime


(c)   Substantive Law, Practice and Procedure, and Evidence


What is Just and Equitable?

By David Smallbone

The phrase “just and equitable” occurs surprisingly often in legislation. It has a long history. One of the dangers of specialisation is that it is easy to overlook the history, significance and a full understanding of words which are familiar and even hackneyed
in a particular context, but which have in fact been chosen by the legislative drafter against a background of previous use and established application in other contexts.


To read the entire document please CLICK HERE

Mediation and Advocacy

By David Ash

Litigation is run by the state. Mediation is run by parties. This century, the state has brought mediation into litigation, a move producing tensions of which much has been written. The focus of this article is instead on harmony, on how litigation advocates can draw upon rather than discard their training, to become more effective mediation advocates.


To read the entire document please CLICK HERE

CPD seminars for 2018

  • 27 February
    Paul Batley
    An introduction to Class Action Law and Practice


  • 1 March
    Nick Poynder
    Judicial review of Administrative Decisions


  • 5 March
    David Ash
    Advocacy for mediation


  • 8 March
    Jim Johnson and Andrew Bailey
    Make it easier to recover costs and compliance in the new world of technology


  • 13 March
    Mark Anderson
    Gender Dysphoria


  • 22 March
    Jim Johnson
    Bankruptcy and deceased estates


  • 26 March
    Chris Ronalds AO SC
    Advanced cross examination skills


  • 28 March
    David Smallbone
    What is ‘Just and Equitable?’