Monday Briefs

23 August 2021

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Your weekly professional update

23 August 2021
PRESIDENT'S MESSAGE
Retirement of Chief Magistrate of the Local Court, Graeme Henson AM

After more than 33 years on the bench and 15 years as the head of the NSW Local Court, Chief Magistrate Graeme Henson AM, will retire this Friday. All criminal cases and a large proportion of civil cases begin in the Local Court. It is the backbone of our state’s court system. Continue reading >
 
 
NEWS
Election of Councillors – Notice of Forthcoming Election
There are seven vacancies to be filled by election in the upcoming 2021 Council Election: one City Councillor, one Country Councillor, one Corporate Councillor, one Government Councillor, and three Councillors (with each position for a 3-year term). The eighth vacancy is to be filled by the appointment of a Young Lawyer Councillor for a 1-year term in accordance with clause 8.1.8 of the Law Society’s Articles of Association. Nominations for the 2021 Council Election must be received by the Company Secretary of the Law Society not later than 4.00pm on Monday, 20 September 2021. View the notice of forthcoming election.
Diary Note: Annual General Meeting
The Annual General Meeting of The Law Society of New South Wales will be held on Thursday 28 October 2021 at 4.30pm.
Nominate now for the President’s Medal 2021
Do you know a NSW solicitor who has made a significant personal and professional contribution to the improvement of law and justice in the community? Nominate them for the Law Society of NSW President’s Medal 2021. Nominations close Wednesday 29 September 2021.
Are they really ok? Ask them today
In collaboration with NSW Young Lawyers and their 2021 charity partner, Minds Count Foundation, the Law Society of NSW is hosting a Staying Well in the Law panel event to mark R U OK?Day, focusing on how to practically ask, “Are you ok?” Our panellists will discuss the importance of normalising mental health conversations with colleagues and the positive personal impacts these conversations can have. Find out more.
Specialist Accreditation Conference 2021 on-demand
We are delighted to announce that the recordings of the Specialist Accreditation Conference 2021 are now available for purchase on lawinform.com.au. If you missed out on the conference and would like to watch the event, check it out here.
On the menu this week
This week, enjoy a delicious Mexican Fiesta. Starting with slow-braised carne con chilli, accompanied by roasted corn and red pepper salsa. There's guacamole, cheesy corn bread, zesty fresh limes and to end, cinnamon-dusted churros with hot chocolate fudge to dip. Order by 10am Tuesday for Friday delivery.
 
COVID-19 UPDATE
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NSW COVID-19 statistics
NSW recorded 818 locally acquired cases of COVID-19 in the 24 hours to 8pm last night from 311,083 tests. Sadly, three deaths were recorded in that same time period. 42 cases were infectious in the community and the isolation status of 714 cases remains under investigation. In the same time period 42,147 vaccinations were administered.
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New lockdown rules and restrictions now in force
The NSW Government has extended the current lockdown in Greater Sydney until the end of September, and introduced new rules targeting the local government areas of concern. From today, masks wearing is mandatory when outside your home, except when exercising. This rule also applies in regional NSW until 28 August. Special powers have also been granted to NSW Police to enforce the new restrictions. There are also new requirements for authorised workers coming from LGAs of concern to work outside of that area; including that they are only permitted to work if rapid antigen testing is implemented at their work-site or they have had their first vaccination dose by 30 August. Anyone entering an LGA of concern for the purposes of work must carry a worker permit issued by Service NSW. Read the full list of new rules and requirements here.
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NSW Local Court recommencement of defended hearings
His Honour Judge Henson, Chief Magistrate asks Greater Sydney courts that all defended hearings where the person is in custody that had been or will be vacated between 28 June 2021 and 3 September 2021, are to be listed in the week of the 6 September 2021 for mention. This list should be with a view to determining if the matters can proceed. In addition similar matters already listed for hearing between 30 August 2021 to 1 October 2021 should remain listed and assessment made about the possibility of hearing those proceedings. To optimise the success of the call-over in resolving proceedings or reducing the matter in issue, police are attempting to arrange prosecutors with the necessary approvals to negotiate. In addition given the current limitations within corrective services in access to clients or parties communications the court should consider short adjournments to facilitate these communications. If the matters cannot be listed for hearing it may allow the parties an opportunity to make a release application at this time.
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Local Court update
The latest Memo by the Chief Magistrate regarding the operations of the Local Court during lockdown can be viewed here. Memo 20 will continue to apply  to all Local Courts in NSW until the end of this week.
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District Court update
Due to the continuation of the Greater Sydney Area lockdown, there will be no new jury trials or personal appearances in the District Court until 30 September 2021 at:
The Downing Centre, John Maddison Tower, Campbelltown, Katoomba, Parramatta, Penrith and Wollongong. In regional courts, which now includes Gosford District Court, there will be no new jury trials or personal appearances until 28 August 2021. Practitioners should continue to contact the relevant registry for AVL appearance details and listing confirmation.
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Law Society court updates
With the Greater Sydney lockdown extended until the end of September, don't forget that you can quickly access all the latest updates from the state's courts and tribunals via the Law Society's COVID-19 Portal here, in addition to information in Monday Briefs and the weekly COVID-19 update.
 
 
WHAT'S ON
FLIP Buzzwords: Alternative Pricing
25 August 2021
Government Solicitors Conference 2021
7 September 2021
Marking 40 years of Part IVA of the Income Tax Assessment Act 1936
8 September 2021
First Nations Speaker Series: Uncle Bruce Pascoe
9 September 2021
Sexual harassment – changing workplace culture (online)
23 September 2021
President’s Medal 2021
Nominations close 29 September 2021
Drafting wills – online workshop
29 September and 6 October 2021
FLIP Conference 2021
13 October 2021
Rural Issues Conference 2021
29 October 2021
NSW YOUNG LAWYERS
NSW REGIONAL LAW SOCIETIES
EVENTS CALENDAR
LAWINFORM CPD CALENDAR
 
 
PRACTICE AND PROCEDURE
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Notice inviting claims against Legal Practitioners Fidelity Fund
The Council of The Law Society of New South Wales invites any person who has suffered pecuniary loss because of default by the law practice Slattery Thompson arising from the conduct of an associate of that law practice, Harry Chand (also known as Harry Moon and Harry Manik) to make a claim against the Legal Practitioners Fidelity Fund. Read more
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Apply now: Legal Advisory Service Panel Member 
The State Insurance Regulatory Authority (SIRA) is seeking legal practitioners to join the Legal Advisory Service (LAS) as a Panel Member. Learn more and apply here
 
LEGAL UPDATES powered by LSJ
Business and Human Rights
Modern Slavery Reporting: how have we faired and what’s next?
By Dr Phoebe Wynn-Pope and Heidi Roberts >
Employment
When does dishonesty provide a valid reason for dismissal?
By Paul Moorhouse >
 
IN THE PRESS
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