Following the continued efforts of the Bar and the Law Institute over many months and the Court of Appeal’s recent decision in the Chaouk case. Victoria Legal Aid has now introduced an “interim eligibility guideline” in relation to the funding of second lawyers in criminal trials. The press release from VLA on the new eligibility guidelines can be downloaded here. The actual guidelines are set out in a letter from VLA.
 
In summary, VLA will provide a fee for:
a. the instructing lawyer who has prepared the matter for trial; or
b. an instructing lawyer who is experienced and well versed in the facts of the case and the relevant law; or
c. junior counsel, where the assigned lawyer in consultation with their client determines that it is more appropriate to ensure a fair trial in the particular case; or
d. junior counsel, where a legal practitioner who meets subsection a) or b) is not available or not preferred;
as and when required in a criminal trial.
 
This is a welcome step along the way towards ensuring that legal aid funding is available for proper representation so as to ensure fair trials and is one compelled by the statement of the Court of Appeal upholding Lasry J.'s reasoning as 'impeccable' and his decision to stay the trial as unimpeachable.
 
On behalf of the Bar I have spoken publicly on a number of occasions recently in the lead up to the State and Federal budgets about the critical need for adequate funding and the impact upon criminal, family law and children's matters. Recent press releases appear here and here. Despite the funding allocated to legal aid in the State budget, it appears this will make very little impact for those appearing before the courts.
 
David Neal SC has prepared a detailed note analysing the legal aid funding in the State budget (click here) which reveals the ongoing critical shortfall in funding. The Bar is urging the Federal government to respond with a proper commitment of resources in next week's budget.
 
Recent Judicial Appointments

I am pleased to note two recent judicial appointments.
 
His Honour Judge Timothy Ginnane of the County Court has been appointed a judge of the Supreme Court of Victoria, with effect from 4 June 2013.
 
Paul Cosgrave SC has also been appointed, with effect from yesterday, as a judge of the County Court.
 
I welcome both appointments and wish their Honours well in their new roles.
 
I was also pleased to speak at the welcome of Chief Justice James Allsop, Judge Couzens and Justice Pat Keane this week on behalf of the Bar.

Professional Indemnity Insurance is mandatory for all practitioners

Each year it must be in place by 31 May if you intend to continue to practice. I urge you not to leave it until the last minute. Under the Legal Profession Act 2004, the prescribed insurance provider for all Victorian legal practitioners is the Legal Practitioner’s Liability Committee (LPLC).  Recent social media comments have indicated that many members may not be aware that LPLC’s policy does not insure against disciplinary investigations or prosecutions, but the optional top up cover provided by CGU through the brokers Affinity does. Applications for top up must be lodged by 30 June.

Address by Fiona McLeod SC, Chair of the Victorian Bar Council, on Thursday 9 May 2013 at the welcome to His Honour Judge Peter Couzens upon his appointment to the County Court of Victoria and as President of the Children’s Court of Victoria is available below as well as the address by Geoffrey Bowyer, President-Elect of the Law Institute of Victoria.

On Monday 6 May the Law Council of Australia will launch its National Attrition and Re-engagement Survey, the first national survey of the profession.
 
The Law Council is committed to addressing the high rates of attrition of women from the profession, a problem that has not changed significantly despite strong numbers graduating from law schools for over thirty years and many efforts to address the situation.
 
The survey will contribute to a broader study concerning the progression of male and female lawyers. It will lead to a report outlining practical measures that can be implemented to address the causes of high attrition rates among women lawyers, and re-engage women lawyers who have left the profession. The results of the study will help guide future policy directions on how the profession can better retain its members.  
 
This survey is being administered and managed by independent research agency Urbis. All information is confidential.

Please follow the link and take the time to complete the survey to support this important work. Please also pass on the link to those you know who have left the Bar so that we can reach a reasonable cohort of those no longer practising and take their views into account.
 
Future of the Bar

Many members have let me know how valuable they found the 2013 Bar Conference. The Conference presentations have been recorded and can be found on the Vic Bar website. Sessions include Techniques for Better Advocacy, Pro Bono – An Ethical Obligation or a Sign of Market Failure, Threats, Opportunities for Barristers in a Digital World and more.

A presentation which has generated a lot of interest was delivered by Associate Professor Rufus Black, a Report Card on The Bar. Rufus Black took a fresh look at the Bar after his involvement in the McKinsey study in reviewing the challenges for civil justice in Victoria in 2008. His presentation considered the challenges to the Bar, trends occurring across the legal sector and the areas of future opportunity for work. I highly recommend the presentation.

While on the theme of CPD, also take a look at the expanded information on the website for hosting, viewing and recording your CPD here. Bar associations, committees and members now have a facility to log their interest in hosting a CPD event directly on the system. There is a list of upcoming CPD events and of course the ability to keep a record of your CPD attendances on-line.   

Legal Aid

Yesterday, 2 May 2013, the Court of Appeal upheld a decision made of  Lasry J. to stay a trial involving a charge of attempted murder until the barrister for the accused in the case was provided with an instructing solicitor for each day of the trial.

This followed a decision by Victoria Legal Aid to refuse to provide an instructing solicitor for more than two half days of the trial. Lasry J. considered this arrangement inadequate because it carried a risk of an unfair trial if the trial went ahead. [see comment below at 22 February 2013].

This decision is the direct impact of the legal aid squeeze on the administration of
justice in Victoria. VLA will now need to consider the judgment of the Court and revisit their funding guidelines. This will of course, result in the shift of scarce resources from one area of need to another and, unless additional funds are provided in the upcoming State and federal budgets, will create hardships in other areas.

A copy of the judgment may be found here. A recent press release may be found here.

Address by Fiona McLeod SC, Chair of the Victorian Bar Council, on Monday 22 April 2013 at the welcome to Her Honour Judge Judith Small upon her appointment to the Federal Circuit Court of Australia.

Address by William Alstergren SC, Co-Vice-Chairman of the Victorian Bar Council, on Thursday 18 April 2013 at the welcome to His Honour Judge Christopher Ryan upon his appointment to the County Court of Victoria.

This week the Australian Government announced the repeal of more than 1,000 regulations and other instruments, as provided by the Legislative Instruments Amendment (Sun setting Measures) Act 2012. The repeal instrument is registered on the Federal Register of Legislative Instruments and takes full effect from 9 April. View the government's media release here.

Federal Circuit Court of Australia

The Federal Magistrates Court will soon be renamed the Federal Circuit Court of Australia. All forms, publications and other material are being updated and will be available close to the implementation date. Brochures, outlining the changes can be viewed here and here.

Bar Dinner

Preparations are underway for this year's Bar Dinner which will be held at the Myer Mural Hall on Friday 24 May. We received really positive feedback on last year’s dinner at the Mural Hall and this year is shaping up to be a great night too. Make sure to keep the date free in your diary.

On Wednesday 3 April, the Royal Commission into Institutional Responses to Child Sexual Abuse had its first hearing in Melbourne. Justice Peter McClellan AM, the Chair of the panel of Commissioners, gave a detailed opening address dealing with the various tasks and challenges faced by the Royal Commission over the coming years. He also provided a summary of the practice and procedures which the Royal Commission will be adopting. It is likely that a number of our members will be involved in representing institutions and persons potentially affected by adverse findings of the Commission.

Counsel Assisting the Royal Commission are Gail Furness SC of the New South Wales Bar and Melinda Richards of our Bar. Ms Furness also addressed the Royal Commission at the opening hearing.    

Information on the Royal Commission, including transcript of the opening hearing and draft Practice Guidelines, can be found at its website: http://www.childabuseroyalcommission.gov.au/

The Royal Commission has invited comment, by 19 April 2013, on the draft Practice Guidelines.

Victorian Bar Pro Bono Awards – 10 April closing date for nominations

The closing date for nominations for the Victorian Bar’s pro bono awards is next Wednesday, 10 April 2013. I encourage you to nominate members of the Bar involved in pro bono work. The awards recognise the significant contributions of individual barristers to pro bono representation of clients, as well as the Bar’s important role in this regard.

I note the important contribution of our members to pro bono legal work, which is reflected in the following statistical information. Click here.

Appointments to Fair Work Commission

Just before Easter, the Commonwealth government announced a number of new appointments to the Fair Work Commission. They include the President of the Law Council of Australia, Joseph Catanzariti, who has been appointed as a Vice President of the Commission.

Last Friday and Saturday many members attended the Victorian Bar CPD Conference. All the feedback confirms that it was a great success and my thanks go to all of those involved in the planning and organization.

Associate Professor Rufus Black’s presentation on the Saturday, The Modern Bar under the Microscope, was a highlight and gave us much food for thought. Illuminating and thought provoking, Professor Black’s review of how the Bar is travelling was focused on how we might improve our market share in the increasingly competitive market for legal services. He analysed the Bar’s earning trends and areas of practice over the last few years to reveal areas of opportunities for growth.

Professor Black urged us to explore ways to build work for the Bar including: reasserting our expertise in advice work in complex matters; strengthening relationships with corporate and government clients; being receptive to feedback and opportunities for coaching; and following economic trends to promote Victoria as a jurisdiction of choice for issuing civil litigation. In particular, he recommended building on our reputation for strong adherence to the rule of law, and as a high quality profession, to expand our share of international arbitration work. This is discussed further below.

Other highlights included:

• a lunch for members under 5 years' call where the topic discussed was "The five things I wish I knew before I started at the Bar";
• a presentation by the State Attorney-General and the Q and A session that followed with a particular concern for members about legal aid;
• a presentation by the Commonwealth Attorney-General on the importance of pro bono work and access to justice;
• a Judges' panel constituted by Redlich JA, Hollingworth J, T Forrest J & Judge O'Neill, on Advocacy - on what they look for from a barrister, and what annoys them; and
• the Conference Dinner address by the hilarious Sir Murray Rivers QC (a.k.a. Brian Dawe) in the beautiful Long Room at the MCG.

The Conference presented a good opportunity to speak with colleagues over lunch, during breaks and at the dinner – away from the courtroom and chambers – and to reflect on the presentations we had heard; and on some of the challenges we are facing, both collectively and individually. It was particularly pleasing to be able to welcome partners and spouses to the dinner.

International commercial arbitration

One matter raised by Associate Professor Rupert Black concerned building Melbourne as a centre for excellence in international arbitration. The Bar is in an advanced stage of planning with the LIV and Department of Justice, with the support of the State Attorney General, for the establishment of an Arbitration and Mediation Centre in Melbourne. I expect to be in a position to reveal more about this exciting project in the months ahead.

Members will be interested to know that last week, in an important decision for the future of international arbitration in Australia, the High Court unanimously held that s 16(1) of the International Arbitration Act 1974 (Cth), which gives “the force of law in Australia” to the UNCITRAL Model Law on International Commercial Arbitration, is not invalid. In so holding, the Court dismissed the challenge to an award made by a three-member arbitral panel constituted by Gavan Griffith AO QC, Alan Goldberg AO QC and Peter Riordan SC.

Albert Monichino SC has prepared an interesting case note on the decision, which can be downloaded here.

The full case can be found at TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5

After more than 11 ½ years service as a Judge of the Supreme Court, the Honourable Justice David Habersberger has resigned his Commission effective midnight next Wednesday 27 March 2013.

His Honour’s Farewell was on Wednesday 20 March, in the Banco Court. The Solicitor-General, Stephen McLeish SC represented the Government; I spoke on behalf of the Bar; and the Law Institute President, Reynah Tang, spoke on behalf of the Institute and the Solicitors.

David Habersberger practised at our Bar for more than 28 years up to his appointment to the Court on 3 July 2001. For a remarkable 14 ½ years, he served the Bar Council, first for 4 ½ years as Assistant Honorary Secretary and then Honorary Secretary; and then as a Member of the Council for 10 years, including as Honorary Treasurer, Vice-Chairman and Chairman.

He sat in every Division of the Court, and as an Acting Judge of Appeal. At various times he headed the Commercial List, the Building Cases List, the Probate List, and retires as Principal Judge of the Commercial & Equity Division and the Senior Puisne Judge.

There was a capacity crowd at His Honour’s Farewell, including many Judges and retired Judges of the Supreme Court and other Courts.

Welcome address by Fiona McLeod SC, Chair of the Victorian Bar Council, to mark the first sitting in Melbourne of The Honourable Stephen Gageler as a Justice of the High Court of Australia.

Bar Council is acutely aware that members, especially juniors, are experiencing difficulties securing rooms and we are working closely with BCL to increase chambers availability. With the tenure of local buildings tightly held and a need to plan for the long term, this endeavour is not as simple as it sounds. Nevertheless, as announcements about new chambers in the last two years attest, BCL is on alert for new opportunities and wherever possible creating opportunities within existing chambers. The recently appointed Chairman of BCL, Michael Wyles S.C. has written to members through the BCL website. Members should know the issue of chambers accommodation remains an issue of concern to the Bar Council.

The ramifications of the chronic underfunding of legal aid and recent funding allocation decisions in Victoria have been the subject of argument in two criminal cases in the Supreme Court this week.

Under changes introduced by VLA last December, each accused has access to a solicitor for two half days only of their trial. In contrast, the Prosecutor routinely has an instructor for the duration of the trial. This creates an imbalance in the representation and can cause significant logistical issues for counsel representing the accused.

In one of the two cases, Justice Lasry today ordered that the matter be adjourned to a date to be fixed and that the trial not commence until counsel for the accused has the assistance of his instructing solicitor on a day to day basis for the duration of the trial.

In the second case, judgment is reserved until Monday.

As I commented at the legal aid rally last December, the Victorian Bar has long been concerned about the parlous condition of legal aid funding in Victoria. It is often members of our Bar that have stepped up to provide pro bono assistance or make do without adequate support. We have called upon State and Federal governments to restore funding to appropriate levels and to renegotiate the basis upon which cases are funded.

The Bar is keeping a close watch on these cases and will continue to call for increased certainty around future funding for legal aid. It is a matter that impacts barristers practicing in the criminal law jurisdiction but also disproportionately affects our junior bar.

New Solicitor General

I congratulate the new Solicitor General of the Commonwealth, Justin Gleeson S.C. on his appointment to the role. Mr Gleeson has been the acting Solicitor General since October 2012. He had a broad commercial and equity practice, with a strong focus on administrative and constitutional law at the NSW Bar and was appointed silk in 2000.

Health and Wellbeing

I encourage members to consider attending the 2013 National Law Wellness Forum, at the University of Melbourne on 21 and 22 February. Registration is free.

The Forum aims to promote a deeper understanding of the onset and causes of psychological distress, the development of strategies for preventing and ameliorating distress and to foster wellbeing within the legal profession. It will provide opportunity to hear about recent research findings and to discuss future projects and initiatives.

As well as canvassing the latest research on issues of health and well being, the Forum will host speakers focussing on lawyers developing practical skills to manage stress and anxiety. There will be two papers on the Bar Care scheme; one by the Deputy Chair of the Bar Health and Well Being Committee, Dr Michelle Sharpe and, one by the Bar's consulting psychologist, Bernadette Healy. A link to the Wellness for Law website is here.

Address by Fiona McLeod SC, Chair of the Victorian Bar Council, on Tuesday 12 February 2013 at the welcome to The Honourable Associate Justice Mark Derham upon his appointment to the Supreme Court of Victoria.

Address by Reynah Tang, President of the Law Institute of Victoria, on Thursday 7 February 2013 at the Welcome to His Honour Judge Jordan upon this appointment and swearing in as a judge of the County Court of Victoria.

It’s been a short but eventful week to kick start the 2013 legal year: Australia Day Honours; the observances marking the Opening of the Legal Year; the launch of the Victorian Bar Reconciliation Action Plan; and a Welcome for The Hon Justice Jennifer Coate.

Australia Day Awards

The Hon Paul Guest QC and the late John Gibson were both honoured in the Australia Day Awards: Paul Guest with the Medal of the Order of Australia (OAM) for services to the community and the sport of rowing; and John Gibson posthumously made a Member of the Order of Australia (AM) for significant service to international relations as an advocate for human rights. Other lawyer recipients include:

• Officers of the Order of Australia (AO): The Hon Justice James Allsop (President of the NSW Court of Appeal and Federal Court Chief Justice designate); The Hon Justice Margaret White (Master then Judge of the Queensland Supreme Court and now Judge of the Queensland Court of Appeal); The Hon Dr Christine Wheeler QC (retired Judge of the Western Australian Court of Appeal and Supreme Court); and

• Members of the Order of Australia (AM): The Hon Justice Glenn Martin (Judge of the Queensland Supreme Court and former President of the Australian Bar Association and of the Queensland Bar); and Ron Heinrich (a Corporate & Commercial Partner at TressCox and former President of the Law Council of Australia. I congratulate all recipients for this recognition of their contributions
  

Opening of the Legal Year

On Tuesday, the Opening of the Legal Year was marked by services at St Paul’s Cathedral, St Patrick’s Cathedral and at the Synagogue of the Melbourne Hebrew Congregation – and by the Community Observance at the County Court organized by the International Commission of Jurists. These observances, also open to the public, were attended by members of the Judiciary, the Bar and the Law Institute. On Wednesday, the Victorian Law Foundation held its annual Legal Laneway Breakfast in Hardware Lane. The Attorney-General, Robert Clark, spoke and identified three legislative priorities for the new year: the Law Library of Victoria; Reserve Judges; and Jury Directions.

Appointments

A number of appointments were announced on Tuesday: John Jordan SC to the County Court; Rose Falla and Peter Dunn to the Magistrates’ Court; and Fiona Bennett as Chairperson of the Legal Services Board.

Rose Falla had served almost 10 years as a solicitor in the Office of Public Prosecutions, and is Victoria’s first Indigenous Magistrate. Peter Dunn was, for years, a Clerk of Courts and, for the last 12 years, a solicitor-advocate in Benalla. He is Philip Dunn QC’s brother.

Fiona Bennett is a Chartered Accountant. She has served on the Legal Services Board since 2008, and as Acting Chairperson since the resignation of Colin Neave AM to accept appointment as the Commonwealth Ombudsman last August.

On Thursday I spoke on behalf of the Bar at the ceremonial sitting to welcome the Hon Justice Jennifer Coate at her swearing in as a Judge of the Family Court of Australia. My remarks can be here.

Launch of the RAP

We launched last Tuesday the Victorian Bar’s Reconciliation Action Plan (RAP). My remarks at the launch can be read here.

I urge members to read the RAP. It expresses the Victorian Bar’s ongoing commitment to supporting Aboriginal and Torres Strait Islander members in their careers at the Bar and contributing to justice for Indigenous people in Australia. The RAP can be downloaded here.

Photos from the RAP launch can be viewed here.

Address by Fiona McLeod SC, Chair of the Victorian Bar Council, on Thursday 31 January 2013 at the Welcome to The Honourable Justice Jennifer Coate upon her appointment to the Family Court of Australia.

More than 30 years after Mick Dodson, Victoria’s first Indigenous barrister, signed the Bar Roll in 1981, the Victorian Bar will officially launch a Reconciliation Action Plan (RAP) today.

It is the first Australian bar to adopt a RAP, and joins the Law Council of Australia, the Law Institute of Victoria and a growing number of law firms and Australian businesses in adopting a plan to promote Indigenous equality.

“The Victorian Bar has been at the forefront of Indigenous rights for decades. In the mid 70’s some of our members helped establish the legal aid services in central Australia. Victorian barristers have represented Indigenous clients in many pro bono cases and in landmark legal cases. More recently over the past decade barristers at the Victorian Bar have found practical ways to address underrepresentation of Indigenous people among the ranks of barristers,” said Victorian Bar Chair, Fiona McLeod SC.

Media release below. Click here to view the RAP.

I hope all members enjoyed a safe and happy holiday season and are returning refreshed and enthusiastic about the year ahead.

On 21 December I attended the final sitting of Justice Bongiorno upon his retirement as a judge of the Court of Appeal, with Vice Chairman Will Alstergren S.C. and a number of members of the Bar. His Honour elected not to have a ceremonial farewell but Chief Justice Warren spoke at his last sitting, paying tribute to His Honour’s outstanding service on the Court and in the Law – see the Bar lifts notice in this edition.

On 11 January the Commissioners for the Royal Commission into Institutional Responses to Child Sexual Abuse were announced with Justice Peter McClellan appointed to lead the Commission and 5 other commissioners appointed, including former Children’s Court President and State Coroner Judge Jennifer Coate.

Judge Coate was also appointed a Judge of the Family Court, effective 31 January 2013. Her Honour will be sworn in and the profession will extend a Welcome on that day – see Bar lifts notice in this edition.

We congratulate her Honour upon her appointments and wish her well with the enormous task of the Commission ahead. A link to the Commission website including the terms of reference and media statements may be found here.

The legal year in Melbourne will be celebrated by the Bench and Bar at a number of services and ceremonies across the city on 29 January including an Ecumenical Service at St Paul's, a Red Mass at St Patrick's, a service at the Melbourne Hebrew Congregation in South Yarra and a Community Observance organised by the International Commission of Jurists at the County Court. All members are welcome.

The Victorian Law Foundation Legal Laneway breakfast will this year be held the following day, on 30 January. Click here for details.

I thank Jim Peters S.C. for representing the Bar at the service and ceremonial sitting in Geelong on 14 January, an event that was, I believe, well attended and most enjoyable.

These ceremonial activities are an opportunity for the profession to re-connect with each other after a break and to reflect upon the moral underpinnings for much of our work in a religious or secular context.

I am very pleased to invite you to attend our 3rd Bar Conference for members of the Bar and Bench to be held on Friday 15 and Saturday 16 March 2013 at Hilton on the Park, East Melbourne.

The conference for 2013 is titled, ‘The 2020 Barrister: Performance, Improvements and Progress’ and will focus on the challenges of practice for barristers today.  

I recognise that while our bar is a strong collegiate body of very talented members, many of us are facing challenging times as a result of downturns in many sectors of the economy and a rapidly changing legal environment.

Briefing practices are changing and competition for advocacy work requires us to respond strategically, to focus on and promote our expertise in advocacy and case management and to preserve our special relationship of trust with clients and the Courts.

This conference will focus on some of these challenges are how we might respond to them. The line up of topics and speakers is a reflection of the Bar’s commitment to furthering the education, skills and practice of its members in an ever-evolving legal landscape.

The program includes:

• A key note address by Attorney-General, The Honourable Robert Clark MP, on his plans for the Courts and the Bar including national regulation and new legislation.

• Techniques for better advocacy by a panel of judges from the Supreme Court and County Court of Victoria, including the President of the Court of Appeal, Justice Chris Maxwell.

• A key note address by United States Ambassador to Australia, Ambassador Jeff Bleich, titled ‘Pro Bono – an ethical obligation or a sign of market failure?’

• A discussion led by Associate Professor Rufus Black, Master of Ormond College at the University of Melbourne, on the current and projected performance of the Bar;

• An inspiring address by Major Dan Mori on ‘How lawyers can change the world’.

• Four concurrent sessions focused on critical skills, including the psychology of persuasion, mindfulness, presentation skills for barristers and strategies for getting more value from practice.

A conference dinner will be held on Saturday night in the spectacular Long Room, Melbourne Cricket Club with Guest of Honour Bryan Dawe as the hilarious Sir Murray Rivers QC. You are most welcome to bring your spouses and partners if you wish.

The Conference will provide an excellent opportunity for members to fulfill their CPD obligations for the 2012-13 CPD year and to interact with colleagues.

Remember to register by 8 February 2013 to receive the early bird rate. 2012 readers receive a discounted registration fee.

The full program and registration form can be found here.

The Victorian Bar has welcomed the Victorian Government’s introduction of legislation into Parliament today to streamline jury directions.

“Juries are fundamental to the integrity of our justice system and anything which makes their task smoother and easier, so they can concentrate on the main issues in criminal trials, is to be applauded,” said Victorian Bar Chair, Fiona McLeod SC.

Media release below.

Address by Fiona McLeod SC, Chairman of the Victorian Bar, on Thursday 13 December 2012 at the Welcome to Chief Magistrate Peter Lauritsen upon his appointment as Chief Magistrate of Victoria.

I attended the welcome of new silks on Friday in the Supreme, Federal and Family Courts. I made the following remarks on behalf of the Bar to the Court.

On behalf of the Bar may I warmly congratulate each of the new Senior Counsel and wish them well in their new role.  Each of the candidates is highly deserving of their appointment.

May I also, on behalf of the Bar, express our sincere thanks to you, the Chief Justice, for the important role that you perform each year in considering the applications for appointment as Senior Counsel. We are very conscious of the significant demands the Silks process places upon you, and the time and attention you devote to it, both in consulting with the Judiciary and the profession more generally, and in making the selection.  

Your Honour’s involvement as appointor of senior counsel is strongly supported by the Bar.

This year, Your Honour undertook on a trial basis some adjustments to the appointment process. We trust that this new process has been of assistance to you and that a review of the process will encourage Your Honour to remain centrally involved, providing independence and impartiality from the practising profession, confidentiality and candour in the consultation process, and appropriate recognition of the importance of Senior Counsel in the administration of the system of justice.

Address by Fiona McLeod SC, Chairman of the Victorian Bar Council, on Wednesday 5 December 2012 at the Welcome to The Honourable Justice John Digby upon his appointment to the Supreme Court of Victoria.

This week I attended the launch of a survey conducted by the LIV and EO & HRC concerning the experiences of female lawyers in Victoria

About 427 women from small and large firms across Victoria took part in the biggest survey of women working in the law in recent years.  The survey, published by the Victorian Equal Opportunity & Human Rights Commission in consultation with the Law Institute of Victoria (LIV) and Victorian Women Lawyers, was launched on 3 December 2012 at the LIV and is titled, Changing the rules: the experiences of women lawyers in Victoria.

Despite women graduating and participating in the legal profession at a high rate, ongoing retention, promotion and attrition rates of women are a cause for concern for legal practices across Australia. A large number of women leave the profession within five years.

The research sought to understand and report on the experiences of women in the legal profession by focusing on sexual harassment, discrimination and accommodation of parent and carer responsibilities.

Amongst the key findings of the report were:

• 40 per cent of survey respondents have experienced discrimination while working as a lawyer or a legal trainee.

• Of those who have suffered discrimination, 42 per cent believed the behaviour was part of an accepted culture within the workplace.

• Almost 24 per cent have experienced sexual harassment at work from harassers in more senior positions who make suggestive comments, ask intrusive questions about their private life or physical appearance, or engage in unwanted touching or ''leering''.

• 63 per cent of sexual harassment incidents occurred within the first 12 months of being in the workplace.

• Two-thirds of those who were harassed did not complain for fear of being ostracised, jeopardising their careers, or not having their concerns dealt with properly.

• 40 per cent of survey respondents have experienced discrimination while working as a lawyer or a legal trainee.

• Of those who have suffered discrimination, 42 per cent believed the behaviour was part of an accepted culture within the workplace.

• Almost 24 per cent have experienced sexual harassment at work from harassers in more senior positions who make suggestive comments, ask intrusive questions about their private life or physical appearance, or engage in unwanted touching or ''leering''.

• 63 per cent of sexual harassment incidents occurred within the first 12 months of being in the workplace.

• Two-thirds of those who were harassed did not complain for fear of being ostracised, jeopardising their careers, or not having their concerns dealt with properly.

• An open commitment by senior management to promote gender equality within the workplace.

• Actively promoting career development of women in senior positions.

• Considering the implementation of targeted leadership workshops on the benefits of diverse and flexible work practices to commence workplace cultural change.

Recommendations were also made to stakeholders, including the LIV. These included providing practice support to organizations in the form of information and resources on return to work planning and sexual harassment and discrimination training.

The full report can be downloaded at - humanrightscommission.vic.gov.au/resources

These issues are obviously of concern for the bar as well as solicitors. I expect they will the subject of further consideration in the up coming Law Council National Attrition and Rengagement Study to be launched in the new year.

The Honourable Chief Justice Marilyn Warren AC has today announced the appointment of the persons listed below as Senior Counsel in and for the State of Victoria, in order of precedence -

Trevor Stanley Monti
Suzanne Bridget McNicol
Peter George Sest
Aileen Mary Ryan
Christopher William Beale
George Anthony Georgiou
Mark Andrew Robins
Benjamin Andrew Shnookal
Philip David Corbett
Michael Grant Roberts
Alistair Neill Murdoch
Nicholas Pane
Nicholas David Hopkins
Carolyn Hayley Sparke
Kevin Joseph Aloysius Lyons
Edvard William Alstergren
Andrew David Clements
Adrian John Finanzio
Bernard Francis Quinn
Saul Conrad Holt

Fiona McLeod SC