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In Brief Issue #1071
26Aug
Yesterday I welcomed the September 2022 Readers to the Bar as they commenced their first day of the Readers course. On behalf of the Bar, I thank the Bar Office staff, in particular Michelle James and Nikki Walker, for their efforts in the preparation for the course and coordination of the 46 readers and the more than 100 teachers/ barristers who will present at the course over the next eight weeks. I thank Justin Graham QC, Chair of the Readers Course, and the Readers’ Course committee for their ongoing work to ensure the delivery of an excellent course. I wish to acknowledge and thank all members who volunteer their time to teach at the Readers’ Course. In particular, the significant contribution of Andrew Palmer QC, Patrick Doyle SC, together with Jim Shaw, Rishi Nathwani and Sharon Lacy, who volunteer one full week of their time to teach during the Foundation of Advocacy Week to the Readers, ensuring that the Victorian Bar’s course remains the preeminent barristers training course in Australia.
On Monday, I met with Chief Judge Kidd. The discussion focused on the behaviour of some barristers toward Court staff. I remind members to be respectful and courteous in their dealings with all court staff.
On Tuesday, I attended a meeting with the CEO of the LPLC, together with representatives of the VLSB & C and the LIV. The purpose of the meeting was to discuss the potential of support networks and mentoring programmes for legal practitioners, to reduce the risk of breaches of ethical and professional obligations. The Victorian Bar has significant mentoring opportunities and support networks built into the manner in which we work and associate, however, we are always open to bolstering and improving them. I suggested, amongst other things, that the Bar is an excellent resource for solicitors, and the regular briefing of barristers should be encouraged as part of any initiative.
On Tuesday evening, I had the privilege of a visit to Government House to update the Governor, the Hon. Linda Dessau AC on the work of the Bar.
On Wednesday, I met with the members of the Federal litigation section of the LCA to discuss the LCA’s 2023 Commonwealth Law Conference to be held in Melbourne in February next year. More information and a save the date for the conference will be released next week
On Thursday, Charles Shaw QC represented the Bar at the welcome ceremony for His Honour Judge Simon Moglia of the County Court of Victoria. The ceremony was well attended, and on behalf of members, I extend congratulations and good wishes to Judge Moglia on his appointment.
A ceremonial sitting of the Full Court of the Federal Court of Australia will be held to welcome the Honourable Justice Lisa Hespe as a judge of the Federal Court of Australia on Friday, 2 September 2022 at 9:30am. Please see the details below.
Róisín Annesley QC
Federal Court of Australia
A ceremonial sitting of the Full Court of the Federal Court of Australia will be held to welcome the Honourable Justice Lisa Hespe as a judge of the Federal Court of Australia in Court 1, Level 8, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne on:
Friday, 2 September 2022 at 9:30am
The ceremony will be live-streamed and available to watch here.
Thank you to those members who have paid their subscriptions for the FY2023, the due date being Thursday, 1 July 2022.
There are still members who have not paid their 2022/23 subscriptions, and accordingly, they are now significantly OVERDUE.
If members are having difficulty in making payment, please contact the Bar Office on 03 9225 7111 or via email to membership@vicbar.com.au
The Bar Council would appreciate that members immediately attend to overdue accounts.
The AFL finals are upon us. To celebrate, the Victorian Bar invites members to a footy finals fever dinner on Thursday, 15 September 2022, featuring barrister and former AFL umpire Shaun Ryan. The dinner is a great opportunity for members to reconnect and socialise in the wake of the pandemic.
DATE
Thursday, 15 September 2022
TIME
6:30pm for 7:00pm
VENUE
Essoign Club
GUEST SPEAKER
Shaun Ryan, AFL Field Umpire from 2003 to 2020, officiating in 350 games, including eight AFL Grand Finals.
DRESS CODE
Members are encouraged to come wearing their club scarf.
COST
$135 per person (canapes on arrival, a two-course dinner and drinks).
RSVP
5:00pm, Thursday, 8 September 2022
Seats are limited, so early registration is encouraged
Click on this link to register and pay.
Intensive Cross-Examination Workshop is on 26 and 27 September 2022 from 5:00pm-7:30pm. This two-part workshop gives participants the opportunity to work with experienced cross-examiners and senior advocacy instructors to further develop cross-examination skills. Each participant will have an opportunity to perform an allocated cross-examination task and receive feedback. This is an in-person event only for barristers. Click here to register.
- Multi Factor Authentication (MFA): All @vicbar email accounts require this additional layer of protection prior to 26 August 2022. Click here to register for MFA. To read more about MFA, visit the BCL website.
- Healthy Building Improvements: LED Lighting Upgrades start next week in Douglas Menzies Chambers. We will be upgrading to LED lighting across BCL-owned buildings over the coming months. Click here to read more.
- 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 log into the VicBar website to view these events.
- The role of contradictors in class action litigation is on 31 August 2022 from 5:15pm-6:15pm. This CPD will address the principles governing the role of Court-appointed contradictors and will discuss practical considerations arising in performing the role of contradictor in class action proceedings through the lens of examples from recent cases, including the SurfStitch and Robodebt settlement approval applications and the recent Banksia. This is an online-only event for barristers. Click here to register.
- Mediators’ Discussion Group Meeting-The power of intake is on 5 September 2022 from 5:00pm-6:00pm. Garry Moffatt, barrister and accredited mediator, will lead a Mediators' Discussion Group focussing on the benefits of intake or preliminary conferences. Participants can share their reflections of practice, including the pitfalls of avoiding a thorough preliminary conference. This is an online-only event for barristers. Click here to register.
- The Chapter III problem - Reimagining the Australian Military Justice System is on 14 September 2022 from 5:15pm-6:15pm. This seminar will raise for discussion a new proposal for the establishment of a specialist Chapter III military court and a new form of service tribunal to address the problem where the Chapter III military court cannot or will not sit outside Australia in war or war-like operations (Australian Court Martial Tribunal) or, alternatively, that the ACMT should now take the place of all service tribunals in peacetime and in war. This is an in-person event and will also be available online via livestream. Click here to register.
- Civil penalty proceedings: perspectives from the Bar and the Bench is on 15 September 2022 from 4:30pm-5:30pm. This presentation is aimed at bringing together some practical perspectives on civil penalty proceedings from experienced barristers and an experienced Federal Court judge. This is an in-person event only. Click here to register.
For more upcoming CPD events, please visit our listings here.
BottledSnail Productions’ latest musical production, The Dark Web, is showing at Chapel off Chapel from 1-4 September. A technologically-naïve, lonely woman, June, looks for friends online however things take a strange turn when she accidentally finds herself on the Dark Web …
Tickets for this new Australian musical production are available here.
Studio 11 is delighted to host its current solo exhibition, Aerial Landscapes of Australia, featuring 22 works by local artist Greg Mallyon who is an accomplished and highly collectable artist with a gift for depicting the lyricism of landscape through typographical perspectives. With a Masters in Art (University of NSW), his bold and distinctive paintings are inspired by aerial views of the land below, including geographic features such as lakes, gorges, rivers and deserts, along with the human imprint of city buildings, industrial sites and roads. In 2021 Greg won the inaugural National Capital Art Prize for landscape. All works in the exhibition are for sale (with no GST or commission payable). Works sheets are available at Level 11, Owen Dixon Chambers East. The exhibition runs until Friday, 16 September 2022. Why not take some time out of your day to enjoy the exhibition.
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 5:00pm 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!
The Federal Court uses a range of digital platforms to conduct and livestream matters that are remote or hybrid in nature. Utilising MS Teams, Webex meetings and more recently, Cisco Court Cast (often referred to as join.federalcourts).
As the appetite/demand increases for Court Cast hearings, legal representatives engaging with the Court must take all appropriate steps to ensure their technology is functional prior to a hearing. Connection issues with Court Cast are usually a result of a firewall issue.
Linked below is a set of instructions that the Court highly recommends you provide to your IT administrators regarding corporate network and firewall issues and how these may be dealt with proactively. Once your IT administrators have applied these changes to mitigate any issues with the Court Cast platform in advance of a Court appearance, please book a test call with Digital Practice here.
For any other queries relating to remote hearings, please contact digitalpractice@fedcourt.gov.au.
The Supreme Court is in the process of drafting a new mediation protocol. Issues to be addressed in the protocol will include how mediations will be conducted and the matters that will be considered when deciding the mode of mediations.
To assist in drafting the protocol, the Court will soon be conducting an electronic survey of mediation users about their experience of online mediations conducted by the Court. The survey will be distributed by email to stakeholder organisations and members of the legal profession from metropolitan and regional Victoria.
The Court will contact barristers and solicitors who have been mediation participants over the last year or so and invite them to complete the survey. The survey will commence in August and remain open for a period of six weeks.
If you have any questions about the survey and consultation process, please contact ADR Registrar Nick Day on 03 9093 5459 or by email at nicholas.day@supcourt.vic.gov.au.
On behalf of the Case Management System (CMS) Project Steering Committee, we want to update you all on the CMS Project.
The new case management system (CMS) will strengthen the ability to capture and share critical information as appropriate across the courts.
The Magistrates’ Court of Victoria and CMS Project confirms the Go Live date for the Civil Release is 3 October 2022.
If you have any queries regarding the CMS Project and release dates, please don’t hesitate to contact CMS Project Director, Adam Todhunter at cmsproject@courts.vic.gov.au.
Yours sincerely
Magistrate Bailin
Judicial Lead – CMS
Magistrates’ Court of Victoria
Magistrate Contini
Judicial Lead – CMS
Children’s Court of Victoria
Adam Todhunter
CMS Project Director
Court Services Victoria
The Sentencing Advisory Council has released a new consultation paper providing Victorian-first insights into the use of adjourned undertakings and posing 23 questions and options for reform to adjourned undertakings and related orders. Submissions will be open for six weeks to 27 September, and we hope to hear from both those working in the justice system and the broader community. We’d very much appreciate it if you could share among your networks and/or consider whether your organisation will be making a submission.
Access the media release here.
Download the consultation paper here.
Practice with confidence, knowing you're accessing expert content. The Digital Library is open 24/7, with curated content taking the time out of finding the best information.
Key legal resources include:
- DSM 5-TR, DSM 5 and DSM I – IV: The American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM) is a classification of mental disorders with associated criteria
- Powers of Attorney: Authoritative work on the law of powers of attorney in Australia. Refers to case law and commentary from the other common law jurisdictions
- Covell & Lupton Principles of Remedies: Concise practical explanations of key legal remedies in tort, contract, equity, restitution and statute law
- HeinOnline Core: Australian Law Reform Commission Reports, English Reports, historical UK legislation, US and Canadian primary material, and Australian and international law journals
Register and log in to get started here.
The Robert Menzies Institute invites members of the Bar to our Annual Gala Dinner on Thursday, 13 October 2022, in the Ballroom at the Park Hyatt Melbourne.
We are honoured to have former Justice of the Supreme Court of the United Kingdom Lord Jonathan Sumption, to deliver this year’s keynote address.
Lord Sumption is a historian, lawyer and leading commentator on fundamental issues related to the law and individual freedom. He is the author of several influential books, including Law in a Time of Crisis, Trials of the State: Law and the Decline of Politics, and a highly acclaimed four-volume history of The Hundred Years War.
Lord Sumption will speak about the rule of law in a time of crisis, including the erosion of civil liberties and threat to liberal democracy from an overreaching state.
We hope you can join us for this special event.
Tickets can be booked here.
The Australasian College of Legal Medicine invites you to attend the 2022 Annual Scientific Meeting & Awards Dinner on Saturday, 15 October 2022.
REGISTER TO ATTEND
- ACLM Members - $500 Live | $350 Virtual
- Non-Members - $650 Live | $500 Virtual
- Register on the ACLM website or phone +61 431 529 506.
A position as Public Solicitor Office Adviser for the Australia Solomon Islands Partnership for Justice is available.
Title: Public Solicitor Office Adviser
Project: Australia Solomon Islands Partnership for Justice
Duration: Fixed, commencing October 2022-October 2024
Location: Honiara, Solomon Islands
Reports to: Deputy Team Leader
Please click here for more information and to apply.
There is considerable hype about the increasing integration of Artificial Intelligence (AI) into legal contexts. We are higher education researchers interested in what actually happens in practice. We’d like to hear about your experiences – or lack of experience – with AI or AI-mediated technologies in Australian legal contexts. Sharing your experience and/or views will help better understand how new law graduates can learn to work in future AI-mediated environments. Deakin University invites you to take 15-20 minutes out of your day to complete the survey. You can, if you like, enter your details separately for a chance to win a pair of Bose noise-cancelling headphones.
Please feel free to forward the survey link to anyone you think might be interested.
This study has received Deakin University ethics approval (HAE-21-172).
The International Criminal Court would like to invite candidates to apply for the position of Commissioner in charge of investigations. The deadline for applications is Thursday, 15 September 2022. For more information, click here. And for more information on Election of Members of the ICC Disciplinary Organs, click here.
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, 1st September 2022