2016 bar practice course - nsw bar association · 1 . 2016 bar practice course . timetable and...
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2016 Bar Practice Course
Timetable and Guide The full-time component of the 2016 Bar Practice Courses will commence on Monday, 2 May 2016 and conclude on Saturday, 28 May 2016. Following the course readers will, as part of their readership, be required to undertake additional professional development activities.
Work restrictions on Readers during the BPC It is a condition of all readers’ practising certificates that they not practise at all during the period of the Bar Practice Course.
Assessment 1. As per the Bar Practice Course Policy, satisfactory completion of the course includes punctual
attendance at every session of this timetable unless exempted or excused by prior arrangement. Late / unapproved non-attendance will be regarded as poor performance in the overall assessment. Medical certificates will be required for absence due to illness.
2. Performance will be assessed by instructors on an ongoing basis and according to guidelines provided
by the Professional Development Department. Assessment results will be communicated to the reader by the Professional Development Department.
3. Please refer to the Bar Practice Course Policy for further details on completion requirements.
4.
Course Materials 5. Readers should ensure they have covered any required reading stipulated in the timetable prior to the each session. The 2016 Bar Practice Course Materials list contains further recommended reading and papers that may be of interest. This list is currently under review and will be finalised by the 26th April. Any changes made after this date will be clearly marked in red in both the timetable and the reading list.
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2016 Bar Practice Course
WEEK BY WEEK – AT A GLANCE
Week One
Monday Tuesday
Wednesday Thursday Friday
Bar Practice Course Welcome: Philosophy, Goals and Orientation
Discussion of Drafted Pleadings. Drafting Defences
Case Analysis Preparation of Written Analysis
The Art of Argument
Gathering Evidence
Case Analysis/ Case Theory/
Discussion of Drafted Defences. Drafting Replies and Cross Claims
Effective Tendering of Documents
Discussion of Drafted Affidavits
Ways to Present Evidence Effectively in Court
Drafting Originating Process
Presenting Applications
Affidavits and Witness Statements: The rules, content and structure
Conduct at the Bar and in Court
Guilty Pleas: Content, analysis and demonstration
Statement of Claim Drafting Exercise
Basic court skills
Presenting Applications Affidavit drafting exercise
Presenting Bail Applications
Bench & Bar Dinner
Prepare for Q&A session with Magistrate
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Week Two
Monday Tuesday Wednesday
Thursday Friday
Welcome from the Chief Magistrate’s Office Criminal Practice in the Local and District Court
Practice in the District Court Civil practice in the Local and District Courts
Practice in the Equity Division of the Supreme Court
Welcome and Introduction to Practice in the Federal Court Practice in the Federal Circuit Court Federal Court Practice
Analysing a Judgment
Preparation and Presentation of Criminal Cases
Preparation Workshop for District Court Applications
Preparation Workshops for Equity Applications
Preparation Workshop for Federal Court Applications
Presentation Skills
Individual / Group Preparation for Local Court Pleas
Preparing Interlocutory Applications
Introduction to Common Equity Problems
Introduction to the Land & Environment Court
Introduction to NCAT
---------------------- P r e p a r e w i t h t u t o r s ---------------------
Presentation of Guilty Pleas before Magistrate
Application before District Court Judge
Application before Equity Judge
Application before Federal Court Judge
Drinks
Post 4:00pm performances videoed
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Week Three
Monday Tuesday
Wednesday Thursday Friday
Opening Address: Theory, practice, demos and mini –performances
The Use of Documents in Cross Examination
Ethical and Effective Witness Preparation: lay and expert
Day With Judges
A Practical Guide to Mediation and Settlement Negotiations
Examination in Chief: The rules and structure of a good XiC Leading Evidence from Lay Witnesses re Facts Observed and Conversations
Cross Examining on Recollection Cross examining re Prior Inconsistent Statements and Credit
Expert Witnesses: Leading Evidence and Cross Examining
Negotiation Skills
Cross Examination: The rules and structure of a good XX
Re-examining and Leading Evidence in Reply Closing Addresses: Structure, content and demonstration
Expert Witnesses: views from the Bench
The Janet Coombs Lunch for Female Barristers
Examination in Chief Exercise I
Examination in Chief Exercise II
Cross Examination Exercise I
Cross Examination Exercise II
All post 4:00pm performances videoed
Saturday
Full Day Advocacy Workshop
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Week Four
Monday Tuesday Wednesday Thursday Friday The Bar Association Practice Management - Looking After Yourself Duty Barrister Scheme
Short Hearing I: Civil Mini Trial
Dealing with Unrepresented Litigants
Short Hearing II: Criminal Mini Trial
Find a Barrister Photographs Preparation for Final Mock Trial
Practice Management: Tax and barristers
Short Hearing I contd.
Case Analysis
Short Hearing II contd.
Practice Management: Organising yourself and setting fees Preparation for conferences with witnesses
Risk Management Preparing Written Submissions: Form and content
Costs Advising on evidence, quantum and prospects
Common Ethical Problems and Solutions Closing session
Conference with Witnesses
Conference with Witnesses
End of course drinks
Saturday
Final Mock Trial
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DAY ONE
Monday, 2 May 2016
Time Event Venue
9:00 – 11:00
Bar Practice Course Welcome:
Philosophy, goals and orientation
Bar Association Common Room
Break
11:30 – 1:00
Case Analysis / Case Theory:
Identification of issues and necessary evidence
Required Reading:
Case Analysis, Greenwood SC
Case Theory Analysis, Taylor SC
Case Preparation, Greenwood SC
Bar Association Common Room
Lunch
2:00 – 4:00 Drafting originating process:
The rules, content and structure
USO v Wong
Required Reading:
Pleadings, Giles J
Pleadings, examples and exercises
Defence Exercise Instructions
Wild - Statement of Claim
Kitch’n – Statement of Claim
Bar Association Common Room
Statement of claim drafting exercise in groups
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DAY TWO
Tuesday, 3 May 2016
Time Event Venue
9:00 – 11:00 Discussion of Drafted Pleadings
Drafting Defences:
Content and rules including Civil Liability Act, contributory negligence and contribution.
Bar Association Common Room
Break
11:30 – 1:00
Discussion of Drafted Defences:
Drafting replies and cross claims
Bar Association Common Room
Lunch
2:00 – 3:00
Presenting Applications:
Required Reading:
Demonstration Application Guidelines, Greenwood SC
Demonstration Application Material
Demonstration Application, Performance Criteria
Bar Association Common Room
3:00 – 4:00
Preparation for Tomorrow’s Presenting Applications’ Exercise
Break
4:30 – 6:00 Basic Court Skills
Required Reading:
Introductory Advocacy Exercises
Supreme Court, Law Courts Building, Queen’s Square
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DAY THREE
Wednesday, 4 May 2016
Time Event Venue
9:00 – 11:00 Case Analysis (Collins v Greencent )
Preparation of Written Analysis
Bar Association Common Room
Break
11:30 – 1:00
Effective Tendering of Documents
Required Reading:
Tendering Documents
Documents to be tendered
Bar Association Common Room
1:10 – 1:45
Lunch
Optional Session – Introduction to Silq software
2:00 – 4:00
Affidavits and Witness Statements:
The rules, content and structure
Required Reading:
Drafting Affidavits, Donohoe QC
Affidavits - The Basics, Pepper R
Preparing Affidavits & Evidentiary Statements - Sullivan QC
Affidavits – Drafting Exercise
Bar Association Common Room
Break
4:30 – 6:00 Presenting Applications
Required Reading:
Demonstration Application Material
Supreme Court, Law Courts Building, Queen’s Square
Affidavit drafting exercise
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DAY FOUR
Thursday, 5 May 2016 Time Event Venue
9:00 – 10:30 The Art of Argument Bar Association Common Room
Break
11.00 – 1:00 Discussion of Drafted Affidavits Bar Association Common Room
Lunch
2:00 – 4:00 Conduct at the Bar and in Court
Required Reading:
Conduct in Court and at the Bar, Greenwood SC
The Role of Junior Counsel when Working with Senior Counsel - Slattery QC
SDW v Church of Jesus Christ of Latter-Day Saints (points 34 – 36)
Recommended Reading:
Reciprocal Duties of Bench and Bar, Heydon J
Bar Association Common Room
Break
4:30 – 6:00 Presenting Bail Applications
Required Reading:
Bail Applications
Supreme Court, Law Courts Building
The Bail Amendment Act 2015, Caroline Dobraszczyk
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DAY FIVE
Friday, 6 May 2016 Time Event Venue
9:00 – 10:30 Gathering Evidence:
Discovery, Subpoenas, Freedom of Information
Bar Association Common Room
Break
11:00 – 1:00 Ways to Present Evidence Effectively in Court
Required Reading:
Communication Aids, Molomby SC
Bar Association Common Room
Lunch
2:00 – 4:00 Guilty pleas:
Content, analysis and demonstration
Required Reading:
Pleas of Guilty
Pleas in Mitigation, Button
Bar Association Common Room
BENCH & BAR DINNER
Prepare for Q&A session with Magistrate, on Local Court Practice
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DAY SIX
Monday, 9 May 2016 Time Event Venue
9:00 – 11:00 Welcome from the Chief Magistrate’s Office
Criminal Practice in the Local and District Court
Recommended Reading:
Local Court Advocacy, Magistrate Dillon
Developing Confidence in the Courtroom, Magistrate Dillon
Practising Criminal Law: Preparing the Case, Porter QC
*** CPD Online – Legal Aid for Criminal Matters 25 February 2013
Bar Association Common Room
Break
11:30 – 1:00 Preparation and Presentation of Criminal Cases
Recommended Reading:
Practising Criminal Law: Preparing the Case, Porter QC
Criminal Practice and Procedure in the Local and District Court, Hughes
Pleas in Mitigation, Button
Tactical Plea Making in the District Court, Craigie SC
Local Court Advocacy, Magistrate Dillon
Pleas of Guilty
Bail Applications
The Bail Amendment Act 2015, Caroline Dobraszczyk
Bar Association Common Room
Lunch
2:00 – 4:00 Individual / Group Preparation for Local Court Plea
Bar Association Common Room
Break
4:30 – 6:00 Presentation of Guilty Plea before Magistrate
Performances to be videoed but not reviewed
Local Court, Downing Centre
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DAY SEVEN
Tuesday, 10 May 2016 Time Event Venue
9:00 – 11:00
Practice in the District Court
Civil practice in the Local and District Courts Required Reading:
Local Court Practice, Bartush-Peek
Bar Association Common Room
Break
11:30 – 1:00
Preparation Workshops for District Court Applications
Required Reading:
Applications, Wheelahan QC
King v Castle
May v Wondermart
Daniel v Byron
Various venues – details to be posted on notice board in Bar Association Common Room
Lunch
2:00 – 3:00 Preparing Interlocutory Applications
Required Reading:
Interlocutory Injunctions, Weber SC Interlocutory
Procedures, Graves SC & Wood District Court
Bar Association Common Room
3:00 – 4:00 Preparation with your tutor Tutor’s chambers
Break
4:30 – 6:00 Application before District Court Judge
Performances to be videoed but not reviewed
District Court, John Maddison Tower
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DAY EIGHT
Wednesday, 11 May 2016 Time Event Venue
9:00 – 10:30
Practice in the Equity Division of the Supreme Court:
Views from the Bench
Practice in the Equity Division of the Supreme Court:
Views from the Bar
Required Reading:
Common Equity Problems, the Operation of the Division and Expectations of Judges
Equity, The Hon Mr Justice P W Young
Equity – Summary Lecture Notes, G C Lindsay SC
Draft Short Minutes of Orders – Francis Forbes v Ralph Darling; NSW Supreme Court (Equity Division)
Draft Procedural Summary - Francis Forbes v Ralph Darling; NSW Supreme Court (Equity Division)
Equitable Relief, A Emmett QC
The New Regime of Practice in the Equity Division of the Supreme Court of New South Wales, The Hon Justice P A Bergin, Chief Judge in Equity
A Judicial Perspective on what the Court Expects from Legal Practitioners in Equity and Commercial Litigation, The Hon Justice P A Bergin, Chief Judge in Equity
Recommended Reading: Please refer to the Equity section in Course Reading List
Bar Association Common Room
Break
11:00 – 1:00
Preparation Workshops for Equity Applications
Required Reading:
Telco Pty Ltd v Flowers (under review)
Perry v Shearer (under review)
Thomas v Tyler (under review)
Various venues – details to be posted on notice board in Bar Association Common Room
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DAY EIGHT (Continued)
Wednesday, 11 May 2016
1:10 – 1:45 Lunch Optional Session – Introduction to BarBooks
2:00 – 3:00 Introduction to Common Equity Problems Bar Association Common Room
3:00 – 4:00 Preparation for Equity Applications
Break
4:30 – 6:00 Application before Equity Judge
Performances to be videoed
Supreme Court, Law Courts Building, Queens Square
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DAY NINE
Thursday, 12 May 2016 Time Event Venue
9:00 – 9:30
9:30 – 11:00
Welcome and Introduction to Practice in the Federal Court
Required Reading:
Federal Jurisdiction I, the Hon Justice Allsop
Federal Jurisdiction II, the Hon Justice Allsop
Federal Court Case Management Handbook
Practice in the Federal Circuit Court
Federal Court Practice
Court 1, Level 21 Federal Court, Law Courts Building
Courtroom 18C
Break
11:30 – 1:00
Preparation Workshops for Federal Court Applications
Required Reading:
Discover Network v Star Cable (under review)
Fast Tyres v Getup (under review)
Wild Travel v Cowboys (under review)
Various venues – details to be posted on notice board in Bar Association Common Room
Lunch
2:00 – 3:00
Introduction to the Land & Environment Court
Bar Association Common Room
3:00 – 4:00 Preparation for Federal Court applications
Break
4:30 – 6:00 Application before Federal Court Judge
Performances to be videoed
Federal Court, Law Courts Building, Queens Square
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DAY TEN
Friday, 13 May 2016
Time Event Venue
9:00 – 10:30
Analysing a Judgment
Required Reading:
Analysing a Judgment, Aitken
Analysing a Judgment, Mason
Analysing a Judgment (Part 2), Mason
Bar Association Common Room
Break
11:00 – 1:00 Presentation Skills: Using and Developing Your Voice
Bar Association Common Room
1:10 - 1:45 Lunch Optional Session – Introduction to LexisNexis
2:00 – 4:00 Introduction to the New South Wales Civil and Administrative Tribunal
Required Reading:
Introduction to NCAT, Robinson SC
List of Tribunals Brought into NCAT
Bar Association Common Room
Break
4:00 – 6:00 DRINKS
TBC
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11:00 – 1:00
Examination in Chief:
The rules and the structure of a good XiC
Required Reading:
Examination in Chief - Performance Criteria
Leading Evidence from Lay Witnesses:
Facts observed and conversations
Required Reading:
Examination in Chief, Deakin QC
Leading Evidence from Lay Witnesses, Maiden SC
Effectively Presenting Evidence, Lindsay SC
Objecting to Evidence, Greenwood SC
Recommended Reading:
Expert Witnesses and Examination in Chief, Parker QC
Expert Evidence, Greenwood SC
Bar Association Common Room
DAY ELEVEN
Monday, 16 May 2016 Time Event Venue
9:00 – 10:30
Opening address:
Theory, practice, demos and mini-performances
Collins v Greencent and other scenarios. His Honour may call upon readers to demonstrate their prepared opening of Collins v Greencent
Required Reading:
Collins v Greencent
Recommended Reading:
Closing Addresses
Bar Association Common Room
Break
1:10 – 1:45 Lunch
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2:00 – 4:00 Cross Examination:
The rules and the structure of a good XX
Required Reading:
Cross Examination, Donovan QC
The Art of Cross Examination, Bar News Extract
Propriety and Impropriety in Cross Examination, Ryan SC
Cross Examination - Performance Criteria
Recommended Reading:
The Use of Documents in Cross Examination, Collins QC
Cross Examination on Documents, McIlwaine & Stone
Bar Association Common Room
DAY ELEVEN (Continued)
Monday, 16 May 2016
Break
4:30 – 6:00 Examination in Chief Exercise I
Leading evidence in Collins v Greencent.
Performances to be videoed AND reviewed
Supreme Court, Law Courts Building
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DAY TWELVE
Tuesday, 17 May 2016 Time Event Venue
9:00 – 10:30
The Use of Documents in Cross Examination
Recommended Reading:
The Use of Documents in Cross Examination, Collins QC
Cross Examination on Documents, McIlwaine & Stone
Bar Association Common Room
Break
11:00 – 1:00 Cross Examining on Recollection
Cross Examining on Prior Inconsistent Statements and Credit
Required Reading:
Cross Examination and Prior Inconsistent Statements, Hoy SC
Bar Association Common Room
1:10 – 1:45 Lunch Optional Session – Introduction to BarCover
2:00 – 4:00
Re-examining and Leading Evidence in Reply
Required Reading:
General Precepts for Re-examination - extract, Morris
Re-examination, Coombs QC
Re-examination, Donohoe QC
Closing Addresses:
Structure, content and demonstration
Required Reading:
Closing Addresses
Bar Association Common Room
Break
4:30 – 6:00 Examination in Chief Exercise II
Performances to be videoed AND reviewed
Supreme Court, Law Courts Building, Queens Square
20
DAY THIRTEEN
Wednesday, 18 May 2016 Time Event Venue
9:00 – 11:00
Ethical and Effective Witness Preparation:
Lay and expert
Required Reading:
Witness Preparation
Note to Witnesses, Lindgren J
Bar Association Common Room
Break
11:30 – 1:00 Expert Witnesses: Leading Evidence and Cross Examining
Required Reading:
Effectively Presenting Evidence, Lindsay SC
Bar Association Common Room
Lunch
2:00 – 4:00
Expert Witnesses: Views from the Bench
Required Reading:
Expert Witnesses and Examination in Chief, Parker QC
Expert Evidence, Greenwood SC
Bar Association Common Room
Break
4:30 – 6:00
Cross Examination Exercise I
Cross examination using Collins v Greencent
Performances to be videoed AND reviewed
Supreme Court, Law Courts Building, Queens Square
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DAY FOURTEEN
Thursday, 19 May 2016 Time Event Venue
9:00 – 4:30 Day with Judges
Judges from a wide variety of Courts have agreed to be accompanied by a reader for the day. This day provides readers with an opportunity to experience the Judge's perspective, both physically and intellectually. The purpose of the day with judges is to provide insight into the judicial officer’s perception of the advocacy process from the vantage point of the Bench. From a provided list, readers select and then make their own arrangements to meet with a Judge (in Chambers) before Court, to discuss the matter or matters listed for the day. Readers accompany the Judge to Court for the balance of the day. Judges not on the list should not be approached Note: If the case settles or the lists finish very early, readers should take formal leave of their Judge and then sit in on proceedings in other Court(s).
Various
Break
4:30 – 6:00
Cross Examination Exercise II
Cross examination using Collins v Greencent
Performances to be videoed AND reviewed
Supreme Court, Law Courts Building, Queens Square
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DAY FIFTEEN
Friday, 20 May 2016 Time Event Venue
9:00 – 11:00
A Practical Guide to Mediation and Settlement Negotiations
Required Reading: Effective and Ethical Settlement Negotiations, Bridge SC
Bar Association Common Room
Break
11:30 –12:45 Negotiation Skills
Bar Association Common Room
1:00 – 2:15 Lunch
The Janet Coombs Lunch for New Female Barristers
DAY SIXTEEN
Saturday, 21 May 2016 Time Event Venue
9:00 – 4:00
Full Day Advocacy Exercise
Collins v Greencent
Supreme Court, Law Courts Building
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DAY SEVENTEEN
Monday, 23 May 2016 Time Event Venue
9:00 – 10:30
The Bar Association
Practice Management – Looking After Yourself
The Legal Assistance Referral Scheme and the Duty Barrister Scheme
Bar Association Common Room
Break
11:00 – 1:00
Practice Management:
Tax and Barristers
Required Reading:
Risk Management, Greenwood SC
Bar Association Common Room
1:10 – 1:45
Lunch
2:00 – 3:30 Practice Management: Junior Tips
Practice Management:
Organising yourself and setting fees
Bar Association Common Room
3:30 – 4:00 Equal Opportunity Committee
Break
4:30 – 6:00 Conference with Witness
Meet your witness at the Bar Association Common room then conference in Chambers
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DAY EIGHTEEN
Tuesday, 24 May 2016 Time Event Venue
9:00 – 12:00
Short Hearing I: Civil Mini Trial
Waddy v Heinrich
Required Reading:
Waddy v Heinrich
Various venues – details to be posted on notice board in Bar Association Common Room
Lunch
1:00 – 2:30
2:30 – 4:00
Risk Management
Required Reading:
Disciplinary complaints, Muston SC
Preparing Written Submissions:
Form and content
Required Reading:
Written Submissions and Case Theory, Renwick
Written Advocacy, The Hon Justice K M Hayne AC
Bar Association Common Room
Break
4:30 – 6:00 Conference with Witnesses
Meet your witness at the Bar Association Common room then conference in Chambers
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DAY NINETEEN
Wednesday, 25 May 2016 Time Event Venue
9:00 – 10:30
Dealing with Unrepresented Litigants
Required Reading:
Guidelines for barristers on dealing with self-represented litigants
Litigants in Person, Ellison SC
Dealing with unrepresented litigants, Pulsford
Bar Association Common Room
Break
11:00 – 1:00
Case Analysis
Required Reading: Final Mock Trial Brief
Various venues – details to be posted on notice board in Bar Association Common Room
Lunch
2:00 – 3:00
Costs
Required Reading:
Legal Profession Uniform Law (NSW) (UL)
Barristers’ Fees 2016, Brabazon SC
Bar Association Common Room
3:00 – 4:00
Advising on Evidence, Quantum and Prospects
Required Reading:
Drafting Legal Opinions, Cassidy QC
Opinions and Advices on Evidence, Sullivan QC
Bar Association Common Room
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DAY TWENTY
Thursday, 26 May 2016 Time Event Venue
9:00 – 12:00 Short hearing II: Criminal Mini Trial
R v Smythies
Required Reading:
Advocacy, Finnane QC
R v Smythies
Multiple Venues
Mock trial preparations Authorities will be sent to your judge:
• Complete formal cover sheet (including case and counsel’s details; • Complete copy of the cases – not just a list; • Delivered to Bali Kaur or Tessa Goodman by 1:00pm today.
Please ensure that you are contactable by home or chambers telephone number, mobile and/or email. If you wish to cite an authority during the trial which is not on your list you should have copies of the relevant page(s) to hand to the judge and other counsel. Lunch
1:00 – 3:00 Common Ethical Problems and Solutions
Required Reading:
Ethics Hypothetical, Gormly SC & Stone
Ethics in Practice, Mark
Bar Association Common Room
3:00 – 4:00 Closing Session
4:00
END OF COURSE DRINKS
TBC
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DAY TWENTYONE
Friday, 27 May 2016 Find a Barrister Photographs
Preparation for Final Mock Trial
DAY TWENTYTWO
Saturday, 28 May 2016 Time Event Venue
8:45 – 9:30 Individual, trial group and family photographs
Law Courts Building, Queens Square
9:30 – 9:50
Group photograph. Readers must be fully robed by 9:30am
Law Courts Building, Queens Square
10:00 – 1:00 Final Mock Trial
Required Reading: Final Mock Trial Brief
Judges are invited to take a 15 minute morning tea break at an appropriate time between 11:00 am and 12:00 noon
Law Courts Building, Queens Square
1:00 – 2:00 Lunch
2:00 – 4:00 Conclusion of Final Mock Trial
Law Courts Building, Queens Square
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Directly after the trial, join your course mates for drinks at Rabbit Hole, 82 Elizabeth Street, Sydney. An informal dinner will follow at Sky Phoenix (price per person $60). Partners are welcome (and encouraged) to attend both the drinks and dinner. More information and registration for the dinner will be sent out during the course. Morning tea and lunch is provided for readers, witnesses, judges and associates. Family members are welcome to stay for complimentary morning tea / and or lunch. Please inform Bali or Tessa if you wish to invite family / friends as the Bar Association has only catered for those listed above.