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In Brief Issue #1064
8Jul
On behalf of members, I extend my congratulations to Aaron Shwartz on 50 years at the Bar. Aaron passed this milestone earlier in the year and has celebrated with an extended and well-deserved holiday.
This morning, Darryl Burnett attended the welcome by the profession of Magistrate Robyn Hamilton and Magistrate Mark Sabljak to the Magistrates Court. I wish each of them well and a warm congratulations on their appointments.
I extend my congratulations to Sharon Kermath, Darren Mort, and Marie Wilkening-Le Brun who have each been named finalists for the 2022 Lawyers Weekly – Australian Law Awards 2022. I wish you the best of luck with the final award announcements.
Members may be interested to know that the State government has declared new increased/indexed amounts under the Administration and Probate Act and the Defamation Act, effective from 1 July 2022. These declarations were published in the Victorian Government Gazette Number S314-22 on 24 June 2022. A copy is here.
Next Friday, a welcome sitting to mark the appointment of Magistrate Julia Barling and Magistrate Christina Windisch will be held in Courtroom 1, Magistrates’ Court of Victoria at 9:00am. Please see the details in the notice below.
Róisín Annesley QC
Thank you to those members who have paid their subscriptions by the due date. If you have not paid your Subscriptions for the 2022-2023 Financial Year, we ask members to make payment of your subscription now. Please click here. If you have any questions relating to your subscription, please contact membership or call on 9225 8326.
Magistrates’ Court of Victoria
A welcome sitting to mark the appointment of Her Honour Magistrate Julia Barling and Her Honour Magistrate Christina Windisch will be held in Courtroom 1, Magistrates’ Court of Victoria on:
Friday, 15 July 2022 at 9:00am
The ceremony will be live-streamed via Webex due to limited court numbers here.
Peer Support Barristers are barristers who have volunteered to be contacted by members and have been trained to provide support and advice to those who have experienced or observed discrimination, sexual harassment and/or workplace bullying.
Please see here for the list of Peer Support Barristers.
Nominations for the next Victorian Bar Pro Bono Awards are still open.
The next Victorian Bar Pro Bono Awards Ceremony is scheduled for March 2023, and nominations for the 2023 awards are open until November 2022.
If you are aware of barristers who are making an outstanding contribution representing parties on a pro bono basis, please consider making nominations throughout the nomination period.
For more information or to submit a nomination, click here.
Information about the Awards includes a short video featuring the Honourable Chris Maxwell AC, President of the Victorian Court of Appeal, explaining how pro bono assistance provided by barristers makes a difference to vulnerable people in our community. The Pro Bono Committee is grateful to Michael Rivette, barrister and past Deputy Chair of the Pro Bono Committee and past Chair of the Communications Committee, for all his hard work in creating this excellent video.
Members are reminded that information about how you can get involved in the Victorian Bar’s Pro Bono Schemes is available on the Pro Bono page of the members’ website here.
- Are you travelling overseas soon? Set up Multi-Factor Authentication through BCL to help keep your data secure. Click here to read the latest communication and tips for when travelling overseas.
- COVIDSafe at BCL. The COVIDSafe at BCL web page has now been refreshed to provide information on what we are now doing in addition to healthy building improvements. We are focusing on areas such as air filtration and monitoring benefits to ensure we have measures in place for BCL-owned buildings. We are also continuously working with the building managers (and their advisors) of our leased buildings. Click here to see what we are doing and what you need to do in the event of a positive COVID-19 result.
The following are highlights of upcoming CPD and events for Victorian Bar members. You must be a member of the Victorian Bar and log into the VicBar website to view these events.
- Trial Series 3: Jury Directions Act 2015 is on 11 July 2022 from 5:15pm-6:15pm. The Jury Directions Act 2015 requires trial counsel to request that the jury be given particular directions. Hear from our experienced panel about directions commonly requested by both ends of the bar table, in addition to an invaluable perspective from the bench. This is an in-person event and will also be available online via livestream. Click here to register.
- LGBTIQ Law Reform: General Update is on 12 July 2022 from 5:15pm-6:15pm. The LGBTIQ Working Group of the Equality and Diversity Committee is proud to present a panel discussion from expert barristers about recent initiatives, with insightful commentary on potential future litigation trends. This is an in-person event and will also be available online via livestream. Click here to register.
- Class Closure Orders in 2022 (post-Haselhurst and Boral): Principles and Practice is on 14 July 2022 from 5:15pm-6:15pm. The CPD will give a historical understanding of the approach of the courts to the recurring issue of ‘closing’ open class actions and examine recent developments in principles and practice following the decisions of the Court of Appeal of the Supreme Court of NSW in Haselhurst v Toyota Motor Corporation (2020) and Wigmans v AMP Ltd (2020), and the decision of the Full Federal Court in Parkin v Boral Ltd (Class Closure) (2022). This is an in-person event and will also be available online via livestream. Click here to register.
- 2022 County Court Commercial Division Practice Note is on 18 July 2022 from 5:15pm-6:15pm. The Judge-in-charge of the Building Cases List of the County Court, Her Honour Judge Burchell, will present an information session on the 2022 County Court Commercial Division Practice Note, with particular reference to how it will apply to the Building Cases List. This is an in-person event and will also be available online via livestream. Click here to register.
- Important rules of evidence which all barristers should know is on 19 July 2022 from 5:15pm-6:15pm. This seminar, by a renowned evidence expert, will seek to identify and explain, clearly and simply, those fundamental rules of evidence which all barristers should know. This seminar will be of use to all barristers but will be of particular use to the less experienced members of the Bar. This is an in-person event only. Click here to register.
- Using the Charter of Human Rights And Responsibilities Act 2004 (Vic) in everyday practice is on 20 July 2022 from 5:15pm-6:15pm. This CPD is designed to assist practitioners in using the Charter of Human Rights And Responsibilities Act 2004 (Vic) in their everyday practice. The Committee is delighted to have an eminently qualified panel to discuss and answer questions about these issues. This is an in-person event and will also be available online via livestream. Click here to register.
For more upcoming CPD events, please visit our listings here.
Dear Essoign Club Members,
We are open daily from 7:30am – till late and Happy hour is back EVERY EVENING with $5 Beer and Wine from 5:00pm till close.
Breakfast - for dine-in or takeaway.
Lunch – Daily Café Menu take away or delivery.
Lunch Dine-In - A La Carte from midday.
Bar – EVERY EVENING - $5 Beer & Wine from 5pm till late with light snacks available.
Catering & Events - Special lunches, working lunches, private dinners or something special you may have in mind. Email us at essoign@vicbar.com.au
We appreciate your ongoing support and look forward to seeing you in the Club.
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!
Application fees are payable in the Administrative Appeals Tribunal in respect of certain types of applications in accordance with the Administrative Appeals Tribunal Regulation 2015 and the Migration Regulations 1994. The amounts of these fees will increase on 1 July 2022.
General, Freedom of Information, Security, Taxation & Commercial and Small Business Taxation Divisions
From 1 July 2022, the standard application fee that may be payable will be $1,011. The lower application fee payable for lodging certain taxation applications will be $100. The lower application fee payable for lodging certain small business taxation decisions will be $543.
There is no change to the $100 fee that is payable if a person is eligible to pay a concessional fee rather than a standard application fee.
Migration and Refugee Division
From 1 July 2022, the fee for the review of a protection visa decision will be increased to $1,940.
The fee for other merits review applications in the Migration and Refugee Division, where a fee is payable, will increase to $3,153. In cases where a 50% fee reduction is granted, the reduced fee will be $1,576.50.
If you have any questions about the change to the fees, please contact our Legal and Policy Section on (03) 9454 6145 or by email to legalandpolicy@aat.gov.au.
We wish to advise you of changes from 1 July 2022 under the Administration and Probate Act 1958 and the Defamation Act 2005.
The Attorney-General, Jaclyn Symes MP, as Minister responsible for the Administration and Probate Act 1958, has declared the following:
- the new threshold amount for section 31A(2) is $28,961;
- the partner’s statutory legacy for section 70M is $499,210; and
- the maximum monetary value for section 71(1) is $115,830.
In addition, the Attorney-General, as Minister responsible for the Defamation Act 2005, has declared the new cap on damages for non-economic loss to be $443,000. This declaration is made in accordance with section 35(3) of that Act.
These declarations were published in the Victorian Government Gazette Number S314-22 on 24 June 2022. A copy is here.
The Council has released new sentencing data for the higher courts (County and Supreme Courts) on SACStat, the Council’s online statistical database. The new data covers sentencing outcomes in the five years to 30 June 2021 for over 250 offences dealt with in the higher courts.
SACStat can be accessed free of charge from the Council's website.
Law Library Victoria has librarians onsite at the Richard Griffith Library every week. Our librarians can introduce you to expert commentary, guide you to practical resources, and connect you to the right information.
Barristers can contact the Library any time via the website contact form.
Staffed hours at the Richard Griffith Library are:
• Wednesdays 9:00-11:00am
• Thursdays 1:00-3:00pm
The Law Library offers the best of both worlds: 24/7 digital access + personalised support.
The Legal Services Council June newsletter is available here.
Researching Tort Law in Australia: Emerging Voices, Fresh Perspectives
Monday, 11 July 2022
Please join this webinar and hear from new and emerging voices in Australian tort law scholarship presented by Monash Law. Through the format of a workshop, this event accommodates a talented range of professional academics, including distinguished international scholar Professor Claudio Michelon, University of Edinburgh. This workshop seeks to facilitate conversation between a range of new and emerging scholarly voices in the field of tort law research.
Please register here.
Castan Centre - Human Rights Law Conference
Friday, 22 July 2022
Please join us for the annual Human Rights Law Conference presented by the Castan Centre for Human Rights Law. As the leading human rights conference in Australia, this event provides a vital health check on the state of human rights in Australia and overseas. Join us online via webinar on the 22nd of July.
Please register here.
China: Execution by Organ Removal by Eleos Justice
Thursday, 28 July 2022.
Join us for this topical webinar presented by Eleos Justice in partnership with Capital Punishment Justice Project. China is the world’s largest executioner, and while exact figures remain a state secret, it is estimated that thousands of executions are carried out each year. In this seminar, we speak with Matthew Robertson, whose recent research provides evidence of physicians in China participating in executions by organ removal. Please join us online via webinar on Thursday, 28 July.
Please register here.
Thursday, 28 July 2022 – 5:15pm-6:15pm
Topic: Recent Developments in Admiralty: here and abroad
Justice SC Derrington AM, Justice Stewart
Chaired by Justice Rares
Click here to view the flyer for more information and for the link.
We are thrilled to announce that LAWASIA has officially opened registrations for the 35th LAWASIA Conference, which will be held as a face-to-face event in Sydney, Australia, from 18 to 21 November 2022.
The 35th LAWASIA Conference is the highlight of its professional events program. Bringing together bar leaders, jurists, professional organisations and individual lawyers from across the Asia Pacific region to facilitate the discussion of regional developments in law, including such issues as judicial practice, legal education, cross-border business and investment law, and cross-border dispute resolution.
Visit the official conference website for more information.
The Australian Bar Association, the peak national body representing more than 6,000 barristers throughout Australia and established in 1963, is seeking to engage a motivated senior Executive Assistant to provide support to the President and CEO to further the work of the organisation.
Applications close on 22 July 2022 and should be emailed to CEO@austbar.asn.au.
Further information about the role is also available by emailing CEO@austbar.asn.au.
Click here to view the flyer with more information.
Nominations for the 2022 Australian Young Lawyer Awards (Awards) opened on Friday, 1 July.
The Awards are conducted annually by the Law Council’s Young Lawyers’ Committee and recognise excellence in young (or early career) lawyers and young lawyer organisations.
Nominations will close on Friday, 12 August 2022, at 5:00pm AEST, with the winners expected to be announced in October 2022.
To be eligible for the Award, a nominee must either be a young lawyer (under 36 years) or an early career lawyer (admitted for a period of five years or less) who has made a continuous and outstanding contribution to the profession and the community. Also eligible are young lawyer organisations which have implemented a program relating to professional or community issues over the preceding financial calendar year.
The Law Council has published Guidelines and a Nomination Form.
Please contact Natalie Cooper, Research Officer, on (02) 6246 3724 or at natalie.cooper@lawcouncil.asn.au if you would like further information regarding the Awards.
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, 14th July 2022