Do not adjust your screen… this is In Brief. New look, compact, mobile-responsive and intuitive. It’s very now, right now. The team has been working on the redesign of In Brief for some months now, with a goal of producing a more modern and user-friendly newsletter for our members. Despite the risks inherent in such an invitation, do let me know what you think.
In honour of this occasion, I will eschew my usual interminable presidential update in favour of leaving you to stare in bewilderment at my portrait in a circular frame keep my message, um, brief.
Three quick things, however, before signing off.
First, voting closes next Wednesday for the Bar Council by-election. Voting is simple and quick.
Secondly, further to my message last week, I ask members to demonstrate their commitment to equitable briefing by adopting the Law Council of Australia’s Equitable Briefing Policy. It has been gratifying to see the numbers of Victorian barristers signed up to the policy increase significantly over the past week. The policy is available for adoption by all barristers, not just silks, and I particularly encourage junior counsel at all levels to sign up and show support for this important initiative.
Finally, to keep up-to-date on and engage with news and events in between editions of In Brief, follow @VictorianBar and @drmattcollins on Twitter (I, in particular, could really do with the followers).
The Victorian Bar has endorsed the Law Council of Australia’s gender equitable briefing policy, which aims to achieve a nationally consistent approach towards bringing about cultural and attitudinal change within the legal profession with respect to gender briefing practices.
Information about the Policy, including FAQs, is available on the Victorian Bar website.
The Policy is available for adoption by individual barristers by completing the form available on the Law Council’s website.
The Bar encourages all members, at all levels of seniority, to show their commitment to equitable briefing by adopting the Policy.
Nominations for the 2018 Bar Council By-election:
The electronic voting portal will be accessible via the "voting" icon on the Member Homepage of our website. Voting will open on Monday 26 February 2018 at 9am. Voting instructions can be downloaded here.
The Victorian Bar has been invited to nominate a representative to the Victorian Legal Admissions Board. Members of VLAB serve for a period of three years. The next three-year term commences 1 July 2018.
The Bar is calling for Expressions of Interest from members who may wish to participate as our representative on the Panel. The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here. The Expression of Interest should identify any relevant areas of experience or expertise.
Please direct any enquiries or Expressions of Interest to Liz Ingham at the Victorian Bar office: elizabeth.ingham@vicbar.com.au, ph 9225 6947.
The closing date for Expressions of Interest is Friday 9 March 2018.
This is an introduction to working with Victoria Legal Aid (VLA) in the family law space.
The session will cover VLA's objectives, functions and briefly introduce the family law guidelines and fee structure. It will also cover VLA's client base, expectations when taking on a VLA brief, what supports VLA can offer our practice partner barristers, and some interesting cases will be discussed.
Speaker(s): Lauren Galvin, Program Manager, Family Law Services, Tina Nikoloski, Assignments Coordinator, Family Law
When: Monday, March 5, 2018 - 16:30 to 18:30
Where: Neil McPhee Room, Level 1 Owen Dixon Chambers East, 205 William Street, Melbourne VIC 3000
1 CPD point(s): Practice management & business skills;
Registration: Please register at: BPA.FamilyLaw@vla.vic.gov.au
Chair: Gayathri Paramasivam, Associate Director, Family Law
Members of the Victorian Bar Association are cordially invited to adjudicate in each round of the competition. Having practising lawyers/barristers/solicitors to act as judges in the competition is a fantastic opportunity for students to gain insightful feedback. It also provides a unique opportunity for students learn more about the Victorian Bar through interactions with its representatives.
Click here to register your interest.
Now taking Enrolments for Term 1, 1 February to 29 March 2018.
Come sing on Thursdays from 1-2pm with the Victorian Bar Community Choir and the wonderful choir leader Annemarie Sharry!
Cost
Term (9 weeks) subscription $180
Casual week by week $25
Experience and obvious talent not required
Venue
Level 11, Owen Dixon Chambers East
To join
Please contact Alannah Jones at the Bar Office on 9225 7059 or alannah.jones@vicbar.com.au
All welcome.
Monday 19 March, 2018 at 6.30 p.m. at the Alex Theatre, Fitzroy St, St. Kilda.
Come and see two short films:
1. The internationally award winning Family Violence Film, DEGREE OF SEPARATION
2. TO BE LOVED - a film on Child Alienation and the impact of the family law system
Special Guest Speakers include our former Chief Justice The Honourable Diana Bryant AO QC & Annette Gillespie CEO Safe Steps Family Violence Response Centre…plus some other special guests.
Every patron attending shall become officially credited as a Producer in the titles in our next blockbuster - TOMMY - a story about a young boy navigating his parent’s conflictual separation. Prospectus attached with further details.
So come and have a champagne and nibble with us and enjoy this wonderful insightful event. Look forward to seeing you……and VIC BAR has granted 1 CPD Point per Hour for this special presentation.
For Bookings follow this link:
https://www.trybooking.com/book/event?eid=354640&
Click here to download the event flyer.
Friday 23rd of March from 5pm.
Join us for a night of live Jazz at the Essoign.
The Ruby Rodgers Experience.
See our website for more details www.essoignevents.com.au
Studio 11, located at Level 11, Owen Dixon Chambers East is hosting its latest exhibition featuring some 14 works by various Indigenous artists which may be enjoyed during business hours from 29 January 2018 - 29 March 2018. The works are available for sale. Catalogue sheets are located on level 11 ODC East. All members of the Victorian Bar, family, friends and colleagues are very welcome to view and enjoy the works. The most recent exhibition featured works by Melbourne artist, Fred Colla. The next exhibition will feature works by Melbourne artist, Claire Lefebvre.
Vicbar barrister (and part time comedian) John Leung is producing a stand-up open mic for the legal industry in the 2018 Melbourne International Comedy Festival called “Trial and Error”. The show will be taking place from 10-14 April 2018. John is looking for practising lawyers or others in the legal industry who would like to try their hand at stand-up comedy for the first time. “Trial and Error" will also include experienced comedian-lawyers including John himself, Jess Moir, Andrew Portelli and Cait Johnson. All profits from the show will be donated to the Tristan Jepson Memorial Foundation.
If you’re interested in flexing your comedy muscles, please contact John at themelbournerenegades@gmail.com
Members of the judiciary and magistracy in Victoria and barristers are invited to audition to take part in BottledSnail’s Law Week production of two short operettas based on Carbolic Smoke Ball Co and Donoghue v Stevenson set to the tune of Gilbert & Sullivan songs by law lecturer Stephen Todd.
Performances will be open to the public and held in the Law Library of Victoria on the evenings of Thursday 17 and Friday 18 May and daytime performances on Saturday 19 May (dates to be finally confirmed). For further details, or to book an audition time, see the attached notice.
Read the latest news from the Law Council of Australia in the fortnightly Law Council Update.
Issue 41 of the Victorian Legal Services Board and Commissioner RPA News, is available to read here.
Victoria Law Foundation is offering grants for Law Week 2018 events. You can apply for a Law Week Grant of up to $3000 (excl. GST). To be eligible, events must be for the community and delivered during Law Week (14–20 May 2018).
About Law Week
Delivered in May each year, Law Week is a festival of events for Victorians that makes learning about the law easy. In 2018 Law Week will run from 14-20 May.
Examples of past Law Week events include information sessions, pop-up legal health clinics, debates, panel discussions, mock trials, guided tours and events with less traditional formats that give learning about the law an entertaining twist.
Learn more about Law Week here.
About Law Week Grants
Law Week Grants for 2018 opened from Monday 4 December 2017 and will close at COB, Friday 2 March 2018.
Before you apply:
Find out how to apply for a Law Week Grant.
More information
Our Grants Manager will be happy to discuss your idea for a Law Week event and provide feedback on your application for a Law Week Grant.
Contact our Grants Manager, Melanie Rygl, on (03) 9604 8100 or by email.
In April this year Victorian lawyers will have the opportunity to vote for one barrister and two solicitors to become members of the Victorian Legal Services Board. The input of these three lawyer members is vital in guiding how the Board responds to all issues that impact on Victorian lawyers.
The Board is now calling for nominations for eligible lawyers to stand in the election. For further information, including how to nominate for the election and eligibility criteria, please see the Board’s website.
Family Law Amendment (2018 Measures No. 1) Rules 2018
The Family Law Amendment (2018 Measures No. 1) Rules 2018 introduces a number of significant procedural changes that come into effect from 1 March 2018. As a result, there will be a number of new forms as well as amendments to existing forms. The new and updated forms will be published on the Court’s website on 1 March 2018.
SUMMARY OF KEY CHANGES
Application for Consent Orders
Orders relating to superannuation interests
Risk of abuse or family violence
The amendments provide that in relation to an Application for Consent Orders (‘the Application’) seeking parenting orders:
Filing a copy of a Family Violence Order
Submitting notice
Notice of contention
Child support after the Tribunals Amalgamation Act 2015
Transferring a Case — safety concerns
Documents to be used in conjunction with affidavits
Compliance with subpoenas for production (general and in an arbitration) — Electronic copies
Undertakings
Additional delegations to Deputy Registrars
The amendments delegate additional powers to Deputy Registrars:
Force and effect of a costs assessment order
For more information see the Rules and Explanatory Statement.
NEW FORMS
Submitting Notice
Notice of Contention
Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders)
AMENDED FORMS
Application for consent orders – amended form
Notice of Child Abuse, Family Violence or Risk of Family Violence (Current Case) – amended form including new title
The information sheet and rule and section references have been updated and a new title. From 1 March this should only be used in current cases (i.e. ongoing proceedings for parenting orders other than consent orders).
Annexure to Proposed Consent Parenting Order (Current Case) – new title
This form has had minor amendments and text updates and a new title. From 1 March it is only to be used when parenting orders are sought by consent in ongoing proceedings for parenting orders.
Note: eFiling from 1 March 2018 will not be available with these changes. There will be an initial three month grace period (until 1 June 2018) in relation to these amendments. You can continue to eFile using the old form until 1 June 2018 or alternatively use the new paper forms available on the Court’s website. We will advise you when the electronic form on the Commonwealth Courts Portal has been updated.
This is the final week to complete the questionnaire on cannabis laws in Australia for the study being conducted by the National Drug and Alcohol Research Centre, University of New South Wales. The questionnaire is completely confidential, should take no longer than 5minutes and is asking our members for their expertise and perceptions of cannabis laws in Australia.
The study organisers are asking for anyone who hasn’t yet completed the survey to please consider doing so as the higher the response rate, the more valid the results will be.
If you would like to participate, please review the details of the project in the attached document and follow the below link to complete the questionnaire:
https://unsw.au1.qualtrics.com/jfe/form/SV_eF3zH1J2j708QFT
Public lecture Royal Commissions: How do they shape public policy? explores how the methods and approaches of royal commissions have gained the public’s trust.
Speakers
When: 5 March 2018, 6:00pm to 7:30pm
Where: Melbourne CBD, Venue to be confirmed Melbourne VIC 3000
Click here for more information.
Learn how to shoot like a professional with the video camera in your pocket! Through a series of hands-on activities, Tom McKendrick from Fairfax Media will help you create compelling and effective digital stories for your audience and show you how to get the most out of your smartphone.
When: Wednesday 7 March 2018
Time: 9:30 am–12:00 pm
Where: Victoria Law Foundation Level 5, 43 Hardware Lane, Melbourne
Cost: Free
Click here for more information and to register.
International commercial arbitration is globally accepted as the preferred means of dispute resolution for cross border transactions. Australia is a key regional player in the international arbitration space. This panel of experts will discuss recent developments in international commercial arbitration practice and procedure, and the role of the courts.
Date: Wednesday, 7 March 2018
Time: 5.15pm – 6.15pm
Venue: Court 8A, Federal Court of Australia Owen Dixon Commonwealth Law Courts Building 305 William Street, Melbourne
RSVP: Monday 5 March 2018, online at https://goo.gl/A3R8CM
Click here to download the event flyer.
In today’s rapidly changing era of taxation post-BEPS, this panel addresses the judicial approach to deciding tax cases in an international context. It will commence with an expert presentation from Dr Péter Darák, President of the Curia, the supreme judicial authority of Hungary, on deciding tax cases in the international and European tax context, in a civil law jurisdiction. A panel of experts will provide comments from an Australian perspective including on recent cases, and the Chair will facilitate a panel discussion and questions from the floor. Topics include different approaches to statutory and tax treaty interpretation in the new international tax era; tax incentives and state aid in Europe; and interpretation of specific and general anti-abuse rules.
Date & Time | Tuesday 13 March | 5:00pm - 6.30pm Melbourne; and national livestream: | |
Venue |
Federal Court of Australia, |
5:00 pm, Sydney, Court 18A | 4:00 pm, Brisbane, Court 2 |
5:00 pm, Canberra, Court 1 | 4:30 pm, Adelaide, Court 3 | ||
5:00 pm, Hobart, Court 1 | 3:30 pm, Darwin, Court 9 | ||
2:00 pm, Perth, Court 4 |
Click here to download the event invitation.
Date: Wednesday 14 March 2018
Time: Free Public Lecture 6.15pm – 8.00pm
Please see the attached flyer for more information. The lecture will take place at Melbourne Law School, 185 Pelham Street, Carlton.
If you would like to be notified of any future events, please subscribe to our newsletter here.
Click here to download the event flyer.
On 21 March 2018 the County Court in association with its eFiling service provider CITEC – Confirm is releasing a new eFiling functionality.
Practitioners needing to file a writ in the Court will be able to do so by using an automated systems generated writ document that is properly formatted and compliant with the Civil Procedure Rules.
CITEC will provide a training session in Geelong and Melbourne on the following dates:
Geelong Law Courts - Railway Terrace, Geelong on Wednesday 14 March 2018 at 3pm.
Melbourne County Court - 250 William Street, Melbourne on Monday 19 March 2018 at 1pm (meet at the County Court reception at 12.45 for a 1pm start)
At the training sessions you will get a chance to see first hand how the system works and ask questions. Practitioners and legal assistants are welcome to attend.
If you have any questions please call Justin Hargreaves on 8636 6508 or email civil.counter@countycourt.vic.gov.au
On behalf of Melbourne Law School, we would like to invite you to the public lecture, “Brexit: Constitution, Law and Market” presented by Professor Richard Rawlings on Tuesday 20 March at 6.00pm-7.30pm.
Please see the attached flyers for more information. These lectures will take place at Melbourne Law School, 185 Pelham Street, Carlton.
If you would like to attend this free public event, please register here. If you would like to be notified of any future events, please subscribe to our newsletter here.
Creating Utopia: Imagining and Making Futures – Art, Architecture and Sustainability will explore the intersection between art, culture and the natural environment as the inaugural conference of the Lorne Sculpture Biennale.
Dates: Thursday, 22 March - 4:00pm to Sunday, 25 March - 12:00pm
Location: The View Room, Lorne Hotel, 176 Great Ocean Rd, Lorne
Email: lindyaj@unimelb.edu.au
Tel: +61 3 8344 7437/0425 788 581
Click here to download the event flyer.
Click here to register.
On behalf of Melbourne Law School, we would like to invite you to the launch of Peter McMullin Centre on Statelessness on Monday 26 March from 6:00pm – 7:00pm.
At this launch event, leading experts on statelessness will discuss the scale and scope of the global challenge of statelessness, the impact of statelessness, the role of the United Nations, including the United Nations High Commissioner for Refugees in addressing the challenge, and the role of academic research in contributing to the eradication of statelessness.
The Melbourne Law School’s Peter McMullin Centre on Statelessness has been established with the objective of undertaking research, teaching and engagement activities aimed at reducing statelessness and protecting the rights of stateless people in Australia, the Asia Pacific region, and as appropriate more broadly. The Centre on Statelessness will fill a critical gap in academic research and engagement on the issue of statelessness and is currently the only university resident and supported institute of its type.
If you would like to attend this free public event, please register here.
If you would like to be notified of any future events, please subscribe to our newsletter here.
On behalf of Melbourne Law School, we would like to invite you to the following events:
2018 George Turner Lecture, “Charities, Politics and Tax” presented by Justice Susan Glazebrook DNZM onWednesday 28 March, 6:30-7:30pm.
Randomistas Book Launch presented by Andrew Leigh on Thursday 8 March, 5:30-6:30pm.
Please see the attached flyers for more information. The lecture and book launch will take place at Melbourne Law School, 185 Pelham Street, Carlton.
If you would like to be notified of any future events, please subscribe to our newsletter here.
The IATC and South African bar will be hosting a Legal Reasoning & Written Advocacy Conference on the 2nd and 3rd April 2018 at the Wallenberg in Stellenbosch (near Capetown).
Will clear and effective legal reasoning and writing survive the relentless onslaught of social media and the tyranny of the twitterati?
Speakers includeThe Rt. Hon. The Lord Neuberger of Abbotsbury, Former President the Supreme Court of the United Kingdom; Justice Geraldine Andrews (UK); Justice Glenn Martin, Supreme Court (Qld); Justice Ann Ainslie-Wallace (Fam Crt App); Phillip Greenwood SC ( NSW) and speakers from Hong Kong, Malaysia, Zimbabwe, Botswana and South Africa, will be involved in presentations and panel discussions.
Judges, advocates, attorneys, university teachers and all legal professionals involved in the teaching of advocacy skills, should find the conference very interesting.
The conference will stimulate debate and explore solutions to the state of legal reasoning and writing in the advocates’ profession and the judiciary.
Please visit the below link to view the speakers and to register online.
http://www.sabar.co.za/advocacy-training/IATC-Conference2018.html
Thursday 5 April, 1.15pm-1.40pm
The Law Library of Victoria invites you to attend our Switch On… information sessions. These twenty-five minute sessions are suited to judicial officers, court staff, legal professionals, law students, and anyone with an interest in law.
This session will highlight some of the best legal alerts freely available. We will demonstrate how to create alerts so you can stay up to date on the latest case law, legislation developments, and legal news. These include alerts provided by the Law Library of Victoria, JADE, the High Court of Australia, TimeBase, the Victorian Government, and a variety of social media.
For more information or to RSVP please email libraryevents@supcourt.vic.gov.au
Both the Victorian Law Reform Commission and the Australian Law Reform Commission are currently enquiring into the issue of regulation of litigation funding in class actions. The keynote speakers and the panel members will discuss the pros and cons of such regulation and the issues to be considered with reference to both overseas and Australian experience.
Date: Monday 9 April, 2018
Time: 2.00pm - 5.00pm
Venue: Court 8A, Federal Court of Australia, Owen Dixon Commonwealth Law Courts Building, 305 William St, Melbourne
RSVP: To register, please go to litigationaprilseminar.eventbrite.com.au by Tuesday 20 March
Click here to download the event flyer.
Date: 6-8 June 2018, Vientiane, Laos
Venue: Crowne Plaza Vientiane
Website: http://www.lawasia.asn.au/familylaw2018.html
Theme: ‘Family Law: Realities, Expectations and Hope’
Registration: Opening in February
Keynote Speaker: The Honourable John Pascoe AC CVO
The conference will focus on a range of cross border family law and children’ rights issues including:
Please visit the conference website to register and for more information on travel, accommodation and the conference program: http://www.lawasia.asn.au/familylaw2018.html
Date: 11-13 July 2018
Venue: Melbourne Law School
From 11 to 13 July 2018, Melbourne Law School will hold the third biennial Public Law Conference, co-organised by the University of Melbourne and the University of Cambridge. The theme of the 2018 conference is ‘The Frontiers of Public Law’. The Public Law series is the pre-eminent regular forum for the discussion of public law matters in the common law world. The first two conferences in the series were held at Cambridge in 2014 and 2016. The 2018 conference will feature approximately 80 speakers, including leading judges, practitioners and scholars from across the common law world, and bring together over 300 delegates to discuss the most important issues in public law today. Keynote speakers include Lord Mance (UKSC), Hon Mr Kenneth Hayne (formerly HCA), Justice Debbie Mortimer (FCA), Sir Jack Beatson (English Court of Appeal), Justice Grant Huscroft (Ontario Court of Appeal), Justice Matthew Palmer (NZ High Court), Prof Cheryl Saunders (Melbourne), Prof David Feldman (Cambridge), Prof Anne Davies (Oxford), Prof Carol Harlow (LSE), Prof Mark Aronson (UNSW), Prof Anne Twomey (Sydney), Prof Benedict Kingsbury (NYU), and Prof Megan Davis (UNSW).
For further information and to register please visit our website: http://law.unimelb.edu.au/public-law-conference
Date: 17-20 July 2018
Venue: Melbourne Law School
From 17-20 July 2018, Melbourne Law School will host the 9th biennial Obligations Conference in conjunction with the Faculty of Law at the University of Oxford. The biennial Obligations Conferences bring together scholars and practitioners from throughout the common law world to discuss current issues in contract law, the law of torts, equity, and unjust enrichment. The Obligations Conference is the leading international forum for discussion of these subject areas. Approximately 90 presentations will be made over the three days of the conference, including keynote presentations by Professor Andrew Burrows (Oxford), the Hon Justice James Edelman (High Court of Australia), the Hon Justice Michelle Gordon (High Court of Australia), Professor Birke Häcker (Oxford), the Hon Justice Mark Leeming (NSW Court of Appeal), Professor Matthew Harding (Melbourne), and Professor Liam Murphy (NYU).
For further information and to register please visit our website: http://law.unimelb.edu.au/obligations9
In 2018, the Victorian Construction & Infrastructure Committee of the Law Council of Australia will again award the Tom Yuncken Young Construction Lawyer Award, which was established in 2008 in memory of Allens Arthur Robinson partner and construction lawyer Tom Yuncken.
While previously a Victorian award, this is now a national award and open to all eligible Australian young construction lawyers.
Please see the attached flyer for details regarding eligibility, award criteria, award procedures, and the nomination process.
Nominations close on 28 April 2018.