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Barristers with the power to design a modern, fit-for-purpose procedure are working against the public interest.
Not for the first time, the opaque nature of the NSW Bar Association’s senior counsel (or silk) selection process has come under scrutiny.
Debate around the clubby nature of this process conceals a larger issue: the apparent exclusion of silk applicants who practice in the field of Appropriate Dispute Resolution (ADR), including mediation and arbitration. At play is a culture war that has festered for more than 15 years and remains unresolved.
