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In Brief Issue #1148
10May
On Wednesday at lunchtime, I attended a ‘town hall’ style meeting conducted by the Strategic Plan Working Group in the Neil McPhee Room. It was interesting to participate in the conversation and hear from members about what the Bar’s focus should be over the next five years. On behalf of the Bar Council, I thank the Strategic Plan Working Group and all members who attended.
Last night, I helped judge the Young CommBar Speaking Competition at the Essoign Club. The six competitors of under 5 years’ call had only 72 hours to prepare, and each delivered thoroughly impressive and hugely entertaining speeches- and a poem- on a range of provocative topics. They were judged for their humour, cleverness, and performance, and it was hard to decide on a winner. The prize, a trip to London for the Commbar conference in July, was awarded to Oliver Lloyd. Speaking against the proposition that ‘a barrister could do any job’, Oliver convinced the judges that he should stick to being a barrister and pay a plumber to install his showerhead. I thank all the speakers, my fellow judges Paul Hayes KC and Meg O’Sullivan KC, the MC Lisa Hannon KC, and all those involved, especially Daniel Briggs and Rebecca McCarthy, for a brilliant evening. We should have more occasions like this at the Bar. Perhaps even a debating competition?
This afternoon, I am in Sydney for the quarterly ABA board meeting and will attend the NSW Bar & Bench Dinner this evening.
Our Bar Dinner, to be held on May 18 at the National Gallery of Victoria, is now officially sold out.
Changing Faces of the Bar II
Yesterday morning, I was amused to see a long line of barristers, many robed, some with dogs and small children or carrying musical instruments, and at least one in sparkly sequined shoes waiting to be photographed by Garth Oriander in the Peter O’Callaghan QC Gallery in Owen Dixon Chambers West. Thank you to all who participated and to the Art & Collections Committee, particularly Chair Siobhan Ryan KC, for coordinating this initiative. The images will be on display later this year.
Georgina Schoff KC
The Attorney-General of Victoria has announced the appointments of seven Magistrates to the Magistrates’ Court of Victoria, including two members of the Victorian Bar:
Michael Gurvich
Andrew Waters
All appointees will start their role this month.
Details of the welcome ceremonies will be advised when they are known.
Supreme Court of Victoria
Court of Appeal
A welcome ceremony to mark the appointment of the Honourable Justice Rowena Orr as a Judge of Appeal of the Supreme Court of Victoria will be held in Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on:
Tuesday, 21 May 2024 at 9:15am
All counsel are encouraged to attend, robed.
Magistrates’ Court of Victoria
A ceremony to farewell his Honour Magistrate John Hardy will be held in Court 1 of the Melbourne Magistrates’ Court, 233 William Street, Melbourne on:
Monday, 27 May 2024 at 4:15pm
All counsel who are able to do so are asked to attend. The ceremony will also be livestreamed via Webex here.
Bar Roll No. 708
It is with deep regret that the Bar informs members of the death of Ian Hayden.
Ian, a Bar Legend, was a practising member of the Bar for over 50 years. He retired in 2018.
He earned his law degree at Melbourne University; tutored in commercial law and was a tutor at Newman College. He did articles with the enigmatic Ray Dunn, a famous criminal solicitor in his day. He was admitted on 1 March 1963 and soon after was called to the Bar, signing the Bar Roll on 19 November 1963. He read with the Honourable Norman O’Bryan QC. He was a long standing and highly respected member of Foley’s list and practised only in criminal law.
Ian was a mentor to Malcolm Speed, former CEO of the International Cricket Council; his Honour Judge John Carmody and Senior Crown Prosecutor, Raymond Gibson KC.
Ian was known as a true gentleman and was hugely popular. He was always good for a chat about the law, he was modest and self-effacing. He appeared for the accused in many big cases in the Supreme Court. Gifted with a phenomenal memory for dates and names, he had an impeccable work ethic and, during a long trial, survived on little sleep. Only in his latter years as a barrister did he remedy this trend.
More importantly, family was everything to Ian. Despite his demanding practice, he was never slow to involve himself in cooking, listening, housework and driving his large brood to their various engagements.
He loved sport. He was an outstanding footballer at university following which he played 30 games for Richmond, kicking 42 goals until a knee injury permanently sidelined him.
Ian is survived by wife Joan, children, Danny, Michael, Steve, Angela, Peter, Tom, and Katherine, as well as 15 grandchildren and one great-grandchild.
Vale Ian.
The LPLC portal went live in early April 2024 for LPLC Professional Indemnity Insurance (PII) renewal. PII premiums are required to be paid by Friday, 31 May 2024, members are now encouraged to renew online on the LPLC website and the LSB Online Portal to complete your PC renewal. Please note: You must complete both your PII insurance and your LSB Online application for your PC to renew and issue.
Information on renewing practising certificates can be found on the VicBar website here.
Links for online lodgement are available at LSB Online and for the LPLC.
Please log in to LSB Online and the LPLC renewal portal using your Practitioner Number as the username (your Practitioner Number will be included in the email sent to you by the VLSB+C). LSB Online deals with all PC administrative matters, and there is no printed PC renewal form. If you have forgotten your password, you can reset this on the LSB Online login screen by selecting ‘forgot password’. You will receive an email to reset your password.
If you experience technical difficulties with LSB Online, please contact the VLSB+C via their lawyer enquiry form. Frequently asked questions and LSB Online user guides can also be found here.
Should you require assistance renewing your PC, the Victorian Bar office can help you, and members who need assistance should email membership@vicbar.com.au or contact Daphne Ioannidis on (03) 9225 8326 or Mark Bryant on (03) 9225 7105.
The Diversity Internship: The Courts and the Victorian Bar – Tuesday, 21 May 2024
This panel will reflect on the inaugural diversity internship in 2023, which provided an invaluable opportunity for law students from diverse backgrounds to undertake a paid internship whilst being supervised by members of the Victorian Bar and the Judiciary. Meet our inaugural interns and hear about their experiences along with the judges who hosted them.
When: Tuesday, 21 May at 1:00pm (also available via livestream)
Where: Neil McPhee Room, Level 1, Owen Dixon Chambers East
Panel:
- The Honourable Justice Rofe (Federal Court of Australia)
- The Honourable Justice Forbes (Supreme Court of Victoria); and
- The Honourable Judge Karapanagiotidis (County Court of Victoria)
- Ms Halima Weli (La Trobe University)
- Ms Mursal Rezai (Swinburne University)
- Ms Hanna Amin (Melbourne University)
Tea & Coffee will be available at the conclusion of the panel.
To register, click here.
Cross-Examining a Barrister – Wednesday, 22 May 2024
Hosted by the Student Engagement Committee and Indigenous Justice Committee of the Victorian Bar, this event gives students the opportunity to have their questions on the path to becoming a barrister and what barristers do answered by a live panel of members of the Victorian Bar. It is an opportunity for students to discover the ethical considerations of being a barrister and gain insight into the profession’s nuances and responsibilities. Learn about the path to becoming a barrister, what a barrister does, and more.
The panel will take place at 1:00pm in the Neil McPhee Room, Owen Dixon Chambers East. To register, click here.
Lawyers on Film – Thursday, 23 May 2024
The Victorian Bar presents a Panel + Q & A session: “Lawyers on Film”. The panel comprises documentary film director Daryl Dellora and barrister John Ribbands. Daryl is the writer and director of law related documentaries including ‘Mr. Neal Is Entitled To Be An Agitator’, ‘The Highest Court’, ‘Michael Kirby - Don't Forget The Justice Bit’ and ’ The Search For The Palace Letters’. His work has given him unusual access to legal personalities and the courts, including the High Court of Australia. John Ribbands was counsel in the Brett Whiteley art fraud trial in the Victorian Supreme Court and is featured in the two-part documentary, The Whiteley Art Scandal.
The panel will take place at 5:30pm in the Peter O’Callaghan QC Gallery. To register, click here.
The Student Engagement Committee is looking for barristers interested in mentoring university students who would otherwise not have links to the Bar or may face barriers seeking a career at the Bar.
Students typically shadow barristers in court, during client conferences and the like, and often undertake research tasks, further engaging them in the day-to-day experience of barristers. Requiring a minimum 32-hour commitment across four weeks, students are mentored by barristers either individually, in partnership with another barrister or sometimes by a floor of barristers. It’s a very worthwhile project, and I recommend you get involved if you can. You can find an expression of interest form here.
We are also seeking barristers interested in mentors for the Diversity Internship, Indigenous Justice Committee clerkship program, and other similar programs. More information regarding the Diversity Internship can be found here, and the Indigenous Justice Committee clerkship program here.
The Equality and Diversity Committee invites you to a panel discussion titled "Cultural Diversity in the Profession: Where to from here?" This insightful event aims to explore issues surrounding cultural diversity within the legal profession and chart a path forward toward greater inclusivity and representation.
Date: Thursday, 30 May
Time: 5:15pm - 6:30pm
Venue: Neil McPhee Room
Followed by: Drinks in the Essoign (Please note that drinks are not funded, attendees will be responsible for their own expenses. No canapés will be provided.)
We are honored to announce our distinguished panel members:
- Justice Andrew Strum
- Judge Sharon Burchell
- Minal Vohra SC
- John Heard
- Zubin Menon (Moderator) Sheeana Dhanji (Co-Moderator)
Their collective expertise and perspectives promise to offer invaluable insights into the challenges and opportunities surrounding cultural diversity in our profession.
Please RSVP via the link here to confirm your attendance.
To all WBA Members
The WBA is proud to launch the “2024 Feedback from the Bench Moot for Women Barristers”. This is a fantastic opportunity offered to all WBA members who would like to develop their appellate advocacy skills.
The WBA will be running the “2024 Feedback from the Bench Moot for Women Barristers” on Saturday, 1 June 2024, between 9:30am and 5:00pm in Court 1 in the Old High Court building.
There are currently places available for 12 advocates. Participants will be allocated to teams of two – comprising of Senior and Junior Counsel. It is suggested that oral submissions be divided between Senior and Junior Counsel.
The Moot Problem this year has been drafted by the Honourable Justice Richards and is based on Myers v Satheeskumar (Judicial Review) [2024] VSC 12. A copy of the problem, together with the relevant legislation, is here. The decision in Myers should assist in preparation of the moot but is not to be relied upon as authority.
Judges of the Supreme Court, coordinated by the Honourable Justice Richards, will preside over the four moots.
This opportunity is open to all WBA members – regardless of when they signed the Bar Roll. If you are thinking about developing an appellate practice, this is an excellent opportunity for you to develop skills in that area. Previous participants have found the experience extremely valuable.
Time Commitment
Each moot will run for approximately 1.5 hours. Each advocate team will speak for 35 minutes, including responding to questions from the Bench, with 15 minutes feedback at the end of the moot.
Participants will only be required to be present for the moot in which they are participating. There will be flexibility as to when participants are required throughout the day.
Participants will be required to prepare a Written Case of no more than six pages, which will be due one week before the moot (Friday, 24 May 2024).
Participants will also be required to devote some time to the preparation of oral submissions.
Expressions of interest
If you would like to participate, please send an expression of interest to Brittany Myers at brittany.myers@vicbar.com.au. Expressions of interest are due by 5:00pm, 13 May 2024.
Please include your name, when you signed the Bar Roll, areas of specialisation, any Court of Appeal experience and your reasons for applying. You may also request a team mate to act as co-counsel for the moot. The WBA will try to accommodate team preferences.
WBA Committee
The Building and Construction Law section of CommBar invites you to join us for a discussion led by Nick Hopkins KC and Adam Rollnik on the topic of inconsistency between the Building and Construction Industry Security of Payment Act 2002 and the Australian Consumer Law.
This event is part of a series of informal gatherings organised by the Building and Construction Law section. The purpose of these gatherings is to discuss recent developments in this area of the law and foster closer working relationships in an informal setting.
WHERE?
11th Floor, Owen Dixon Chambers West
WHEN?
Thursday, 16 May 2024 at 5:00pm
Refreshments will be served.
As space is limited and for catering purposes, if you wish to attend, please RSVP to Adam Rollnik at adam.rollnik@vicbar.com.au by Monday, 13 May 2024.
- Why Take Chambers with BCL? As a wholly owned subsidiary of the Victorian Bar, BCL provides a flexible and unique solution of chamber and technology support only available to members of the Bar. Click here to view our current vacancies.
The following are highlights of upcoming CPD and events for Victorian Bar members. You must be a member of the Victorian Bar and logged into the VicBar website to view these events.
- Tax Bar Association Series - Singtel in the Full Court is on Monday, 13 May 2024, from 5:30pm to 6:30pm. This CPD will be on the recent Full Federal Court decision in Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation [2024] FCAFC 29, a significant transfer pricing decision, with insights from Daniel McInerney KC and James Strong on the case and its consequences. This is an in-person event and will also be available online via livestream. Click here to RSVP
- Selection Disputes in an Olympic Year is on Tuesday, 14 May 2024, from 5:00pm to 6:00pm. In this CPD, a panel of distinguished practitioners will walk you through the ins and outs of how national sporting organisations select the athletes to represent Australia on the national stage. This is an in-person event only. Click here to RSVP
- The Bar & Bench: Efficient management of intellectual property disputes is on Wednesday, 15 May 2024, from 5:30pm to 6:30pm. The seminar comprises a panel discussion canvassing techniques for managing intellectual property cases before the Court. The panel will discuss recent trends, developments, and suggestions for the management of intellectual property matters before the Court. This is an in-person event only to be held at the Federal Court of Australia. Click here to RSVP
- Statutory Interpretation Transformed: Contextualism as a Force for Change in the Identification of Interpretative Factors is on Wednesday, 15 May 2024, from 5:00pm to 6:00pm. The seminar will elaborate how, as a force for change, the principle has led to a great number of the previous restrictions on taking account of particular considerations being altered or abandoned. This is an in-person event only. Click here to RSVP
- Feeling Frazzled While Finding Your Feet? Managing Stress in the Early Years at the Bar is on Thursday, 16 May 2024, from 5:00pm to 6:00pm. In this seminar, you'll hear from Bernadette Healy, a psychologist with the Re-Vision Group, and Barristers Chris Brydon and Ashlea Patterson about strategies to deal with stress and those difficult times when establishing a practice. This is an online only event. Click here to RSVP
- Judicial College of Victoria: How to use bench books and other resources effectively is on Tuesday, 21 May 2024, from 5:15pm to 6:15pm. The Judicial College Bench books (including the Victorian Sentencing Manual and Criminal Charge Book) are a valuable resource for practitioners and the judiciary alike. Learn how to navigate these new resources and how best to utilise them in practice. This is an in-person event and will also be available online via livestream. Click here to RSVP
For more upcoming CPD events, please visit our listings here.
The next Bar Dads coffee catch-up will kick off from 9:00am @ Krimper on Guildford Lane on Thursday, 16 May. It will be followed by a walk around Flagstaff Gardens (weather permitting).
All Bar Dads are welcome!
If you would like to be part of the Bar Dads network, please contact Haroon Hassan (haroon.hassan@vicbar.com.au)
We would like to officially welcome Thomas Webb as the Club’s new Executive Chef.
Here is a little bit about Tom:
- Tom has experience working for some of Melbourne’s best restaurants, with key career landmarks whilst working at Andrew McConnell venues (Cumulus Inc, Marion Wine Bar, Builders Arms Hotel) and Bistro Guillaume
- His passion for food and cooking climbed in levels when working at Bistro Guillaume as it was here, he learnt a mix of old and modern cooking techniques, while working with a team of high-performance Chefs
- During his time a Trader House, Thomas worked with a range of cuisines that allowed him to bring constructive ideas to operational matters within a business that had a dynamic team of hospitality professionals.
Click here to view the May lunch menu.
Victorian Bar members are encouraged to use the Member Benefits online portal, where you can access a wide variety of discounts, special offers, and member-only deals as part of your Bar membership.
The exclusive benefits are available Australia-wide and are not generally open to the public.
To activate your account and access the benefits, please click here. You must log in using your vicbar.com.au login details.
Click here for the monthly Best Buys!
The Court has released a new Practice and Procedure update here.
With today’s commencement of the Family Law Amendment Act 2023 and the Family Law (Information Sharing) Act 2023, amendments have taken effect to four practice directions:
- Central Practice Direction: Family Law Case Management
- Family Law Practice Direction: Parenting Proceedings
- Family Law Practice Direction: Financial Proceedings
- Family Law Practice Direction: Critical Incident List
In addition, the COVID-19 List Practice Direction has been revoked.
The Supreme Court of New South Wales was founded on 17 May 1824, and to celebrate its bicentenary, the Court has published an illustrated history: Constant Guardian, Changing Times. On Wednesday, 3 April 2024, the Banco Court was filled to capacity as the Governor of NSW, her Excellency the Hon Margaret Beazley AC KC, Chief Justice Andrew Bell, and the former chief justice, the Hon J J Spigelman AC KC, officially launched the publication and opened the new Supreme Court Gallery. Speaking about the book, Mr Spigelman said:
The process of reading was a delight. The writing is clear, devoid of cliches and the array of photographs enlivens and adds depth to the text. It is a magnificent testament to the significance of the bicentenary of the Court… Despite my past immersion in these topics, reading this volume has been revelatory. I learned something new on virtually every page of the text. I congratulate and thank the authors of the respective chapters and, especially, the editors, Keith Mason and Larissa Reid, who brought it all together.
Copies can be purchased online here for $75 plus $15 postage and handling.
Today, Friday, 10 May, is the 200th anniversary of the Supreme Court of Tasmania. Justice Stephen Estcourt AM has written a history of the Court – From Convicts to Computers.
It is available here.
English Authorised Reports are available on the three computers at the Richard Griffith Library.
QB, KB, AC, Chancery, Family, and WLR cases can be downloaded, emailed, or printed in court-ready format from ICLR (Incorporated Council of Law Reporting) database.
All England Reports are available on Lexis Advance,
Barristers have 24/7 access to the Richard Griffith Library.
Contact the Law Library Victoria if you would like to arrange an individual training session on law reports.
Taking place from 15-20 September 2024 at the Centro Citibanamex in Mexico City, this conference offers a unique opportunity for you to engage in a diverse array of legal sessions, extensive networking prospects, and insights from some of the globe's top legal professionals.
For detailed information about the conference, please visit our website.
18th Law Week event: Postmortem: What bugs, bruises, blood, bones . . . and teeth tell us about suspicious deaths.
Friday, 24 May, 6:00pm for 6:30pm.
Hosted by Dr Liz Porter with Associate Professor Linda Illes (forensic pathologist), Dr Melanie Archer (forensic pathologist and forensic entomologist), Dr Lyndall Smythe, forensic odontologist, and Dr Sam Rowbotham (forensic anthropologist). Sir Zelman Cowen Centre, Victoria University, Queen Street Campus, Heritage Courtyard Lecture Theatre, 295 Queen Street, Melbourne.
Info here.
Bookings here.
Info on Victorian Law Week here.
Victorian Bar members are welcome to join the Victorian chapter of the International Law Association for a seminar hosting Dr Felicity Gerry KC. Dr Gerry KC will speak about her extensive experience in international law, followed by a Q&A and refreshments. For more information and registration, click here.
On behalf of the Australasian Institute of Judicial Administration, I am pleased to present the programme for the upcoming conference in Sydney, Enhancing Safe Practice: A National Judicial Conference on Sexual Assault.
Date: 2-4 August 2024
Venue: Banco Court, Supreme Court of New South Wales, Queens Square, 184 Phillip St, Sydney NSW
Registration here.
Monash Law is one of the largest and most dynamic law schools in Australia.
We invite expressions of interest to work with our team of experienced educators and leading academics.
As a casual (sessional) academic staff member, you are an important part of the Faculty’s teaching program. You will assist the Law Faculty to maintain our high quality in teaching and learning, addressing students’ learning requirements for core units, and increase flexibility in subject offerings.
You are encouraged to submit an Expression of Interest application if you have obtained an Australian law degree with excellent results, have relevant experience, and have the capability to work within our teaching teams at either Clayton and the City Chambers, daytime or evening classes. Casual work may be available in lecturing, tutoring, and marking in private and public law units and clinical offerings.
Please contact us via the Expression of Interest portal here.
The Australian Academy of Law is pleased to announce its Annual Essay Prize 2024.
Click here for the notice, and for more information, visit the AAL website page.
12 Wentworth Selborne Chambers is one of the leading sets of barristers’ chambers in New South Wales, with over 55 members, including 12 Senior Counsel. Its barristers practise nationally and internationally in a broad range of areas and jurisdictions. For further information, see https://www.12thfloor.com.au/.
Click here for more information on the position.
If you would like to contribute relevant news, events, and updates for barristers and the legal profession to In Brief, please send an email with your content to inbrief@vicbar.com.au or complete this submission form.
Deadline for the next issue:5pm, 16th May 2024