Random Banner 2
In Brief Issue #1074
16Sep
It is with regret that I acknowledge the death of The Honourable Robert Brooking AO KC on Sunday, 11 September 2022. A member of our Bar, Justice Brooking was appointed to the Supreme Court of Victoria in 1977 and then to the Court of Appeal in 1995. He retired in March 2002 after 25 years on the Bench. Justice Brooking is remembered for his substantial contribution to the jurisprudence of this State and his dedicated and distinguished service to the Court and the administration of justice. The funeral is to be held on Monday, 19 September 2022. Please see the details here.
On Monday, I had the privilege of attending Government House Victoria on behalf of the Bar on the historic occasion of the Proclamation of the Sovereign His Majesty King Charles III.
It is intended to hold a commemorative dinner for Her Majesty Queen Elizabeth II in late October 2022 for those members who wish to attend. Further details to follow.
Last week, Amanda Utt and I were the guests of Tom Sullivan KC, President of the Queensland Bar, at its Annual Dinner held in Brisbane. The evening highlighted the achievements of Tony Glynn KC over his 50-year career at the Bar of Queensland, as well as the collegiate and respectful relationship between Bar and Bench.
Last night the Bar Council met. Amongst other matters, the Bar Council passed a resolution in respect of the holding of the Annual General Meeting on Monday, 24 October 2022.
The 2022 CommBar Conference: The Long Legal Paddock: Reconnecting Town and Country will be held on Friday, 18 November 2022 in Albury-Wodonga. The conference is an opportunity for all members and in particular, the junior commercial Bar, to rebuild and to establish relationships with regional commercial law practitioners and litigators. CommBar is seeking Expressions of Interest from members who wish to present at the conference. Registrations open soon.
The Law Council of Australia has released a Save the Date for their 2023 Commonwealth Law Conference. This will be held on Friday, 24 February 2023, at the RACV Club, Melbourne. The Victorian Bar is a supporter of this event. For more information, see the notice below.
The Prime Minister of Australia has declared Thursday 22 September to be a National Day of Mourning. On Tuesday, I posted a notice to the Bar in respect of the Federal Court of Australia arrangements for that day. See the member communication here. Friday 23 September is a Victorian public holiday for the AFL Grand Final. Given the short week, there will be no In Brief next week. For those members taking a break over the school holidays or the extended long weekend, I wish you safe travels and an enjoyable time with friends and family.
Róisín Annesley KC
The Victorian Bar’s Indigenous Justice Committee recommends Members of Counsel undertake cultural awareness training to enhance their understanding of Aboriginal and Torres Strait Islander culture, practices and history. Good cultural awareness enhances legal practice, client communication and knowledge of the history and customs of Indigenous people.
The Indigenous Justice Committee is aware of multiple external cultural awareness training courses that barristers can undertake, catering to all levels. The courses vary in length and cost.
In 2022, a legal profession-specific consultation on access to cultural awareness training is being undertaken by Victoria Legal Aid. The Indigenous Justice Committee is an active participant in these discussions and will update members if new avenues for lawyer-specific training emerge.
In the meantime, counsel may consider contacting the following providers to arrange to attend a cultural awareness training session:
Victorian Aboriginal Community Services Association (VACSAL)
Kellawan – Contact Wanda Braybrook or Kelly Faldon via the offices of Djirra
Advocacy volunteers required for Expert Evidence Workshop is on 8 October 2022 from 9:00am-4:30pm. The Victoria Police Cybercrime Squad (in conjunction with the AFP, Dept of Justice and IBAC) is conducting an expert evidence workshop to provide training to expert witnesses regarding court processes. They are looking for volunteer barristers to assist them by being an integral part of this training workshop designed for expert witnesses, which will also serve as a valuable learning experience for barristers in developing and honing their knowledge and techniques in examining such witnesses. This is an in-person event only. For more information, please visit the Upcoming CPDs page. Please register your interest asap by contacting the event organiser E: davey@forensicfoundations.com.au, noting your dietary requirements.
- Multi-Factor Authentication (MFA): All @vicbar email accounts require this additional layer of protection prior to Microsoft implementing changes as of 1 October. Click here to register for MFA. To read more about MFA, visit the BCL website.
- 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.
- Preparing for a civil trial – skills for junior barristers is on 21 September 2022 and 5 October 2022 from 5:30pm-6:30pm. Kathleen Foley and Kateena O’Gorman will present a two-part CPD aimed at junior barristers, covering key aspects of preparing for a civil trial (including evidence and objections, preparing openings and closings, dealing with witnesses and preparing for cross-examination). This is an in-person event for barristers only and will also be available online via Zoom. Click here to register.
- Arbitration in family law – why not? is on 28 September 2022 from 5:15pm-6:15pm. Join Geoff Dickson KC, Chair of the Family Law Bar Association and The Hon Justice Joshua Wilson for a discussion about the potential role for arbitration in the family law system. This is an online-only event. 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 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 Justice of the High Court of Australia have made a Rule of Court appointing the High Court sittings for 2023. The Rule of Court is available here. The Rule of Court appoints the Full Court sittings to be held in Canberra throughout the year and the days on which special leave applications will be heard. Where required, and if practicable, sittings of the Court will continue to be held in Adelaide, Brisbane, Darwin, Hobart and Perth. Additional sittings may also be held on other days as required, for example, in matters requiring expedition. These sittings will be appointed by the Chief Justice pursuant to Rule 6.04.2 of the High Court Rules 2004.
Please see below the updated telephone numbers for the High Court Registries:
Canberra (02) 6270 6857
Melbourne (02) 6270 6800
Sydney (02) 6270 6380
The Chief Justice has approved changes to the following Court forms:
- Application for Consent Orders, and
- Annexure to Proposed Consent Parenting Order (Current Case).
These forms have been amended in consultation with the Courts’ Family Violence Committee as part of the Courts’ commitment to improving and refining its processes.
The Annexure to Proposed Consent Parenting Order (Current Case) has been significantly updated. The changes to the Application for Consent Orders include the jurisdiction question moving from Part F to Part A, and extensive updates to question 25 regarding risk of abuse, neglect or family violence.
The new version numbers are 0922V1, and the forms are now available on the website:
- Application for Consent Orders Kit
- Application for Consent Orders (form only)
- Annexure to Proposed Consent Parenting Order (Current Case)
Previous versions of these forms, numbered 0921V1, will be accepted until Friday, 23 December 2022.
As of 30 June 2022, the Roads Corporation trading as VicRoads no longer exists as a legal entity. VicRoads’ registration, licensing, and custom plates functions are now being delivered by a partnership between the Victorian Government and a private company.
The Secretary of the Department of Transport is now the correct party that should be named in any court proceedings, subpoenas and third-party discovery applications relating to the above functions, where VicRoads would previously have been named.
Incorrect identification of the Secretary of the Department of Transport in relevant court proceedings or court orders may affect the enforceability of relevant court orders and may lead to delays.
If you require any further information, please contact Andrea Malhotra, Principal Lawyer, at andrea.malhotra@roads.vic.gov.au or 0448 207 949.
Acting Chief Justice Emerton signed the condolence book at Government House, paying respect to Her Majesty Queen Elizabeth II on behalf of members of the Court. Her Honour and Justice Priest also attended the ceremony at Government House for the Proclamation of the Sovereign His Majesty King Charles III.
The Acting Chief Justice has authorised the following Notice to the Profession:
Legal practitioners and other court users are advised that the County Court’s Vaccination and PPE Protocol will cease from Monday, 12 September 2022.
From that date, court users will not be required to demonstrate their vaccination status prior to entering the County Court in Melbourne or a County Court courtroom in a regional location.
Consistent with its approach throughout the pandemic, the Court is committed to continually monitoring community circumstances and assessing whether its COVID-safe measures remain appropriate and proportionate according to the prevailing risks and regulatory environment.
The Court’s decision to end the Protocol is based on health and other advice, including:
- the high rate of vaccination in Victoria, and the protection provided by that;
- the reduced efficacy of a primary course of vaccination in preventing transmission of current dominant sub-variants, even though it remains protective for serious illness;
- the presence of other risk mitigations adopted in jury trials and for in-person hearings; and
- alignment with, and consistent practice between, other Victorian jurisdictions.
The Court is also currently reviewing the requirements of its Rapid Testing protocols however those requirements remain in effect until otherwise advised.
Legal practitioners are reminded that it is the strong preference of the Court that practitioners source Court-provided RATs using our distribution arrangements with the Law Institute of Victoria and the Victorian Bar. This will assist the Court in reserving capacity at the forecourt testing site for other court users.
Join the Magistrates’ Court of Victoria and the CMS Project team, to participate in an online demonstration of the CMS Portal, where you will have the opportunity to ask MCV and the project team questions about CMS. These sessions will be your last opportunity to see a demonstration of the system prior to it being used in the civil jurisdiction of the Magistrates’ Court of Victoria, starting 3 October 2022.
We recommend you find the time to attend as there is more functionality to showcase in the lead-up to CMS implementation.
Thursday, 15 September, 4:30pm – 5:30pm
Session link 15.09.22
Calendar invite 15.09.22 - click on the link, then open the downloaded file and accept
Webinar number (access code): 2654 093 3613
Webinar password: kQuYCRQG742
Thursday, 22 September, 4:30 – 5:30pm
Session link 22.09.22
Calendar invite 22.09.22 - click on the link, then open the downloaded file and accept
Webinar number (access code): 2654 603 1881
Webinar password: GXpiQH5bU86
Thursday, 29 September, 4:30 – 5:30pm
Session link 29.09.22
Calendar invite 29.09.22 - click on the link, then open the downloaded file and accept
Webinar number (access code): 2653 887 7380
Webinar password: EXyc94dFUb2
Please note:
- You will only need to attend one of the dates listed above.
- If you haven't attended a Webex session before, it may take a few minutes to get into the session.
If you have any questions prior, please email cmsproject@courts.vic.gov.au.
The LIV is conducting its 2022 Member Survey. We value all members’ feedback about how we can build a stronger profession together.
The survey is open until 5:00pm on 16 September via the button appearing on the Member Dashboard when members sign into Your LIV.
Complete the survey and enter the draw to win one of 10 $100 LIV Law Books Bookshop Vouchers.
More information here.
The Sentencing Advisory Council has released a new report examining 20 years of data to identify changes in sentencing practices in the higher courts for a select number of serious offences, including:
- murder, manslaughter and culpable driving causing death;
- various causing injury offences;
- drug trafficking and cultivation offences; as well as
- rape, incest, and a number of child sex offences.
Access the media release here.
Download the report here.
The Digital Library goes with you, allowing you to work remotely and still have access to subscriber-only content 24/7. Log in to the Digital Library for access to:
- Curated legislation and case law
- Australian and international journals
- Expert commentary
- Forms and precedents
- Dictionaries and encyclopedias
The right resources can help you succeed – in your client work and your career. Register now for your Digital Library login – powered by Law Library Victoria.
The Law Council of Australia’s Federal Litigation and Dispute Resolution Section invites you to attend a conference covering a broad range of topics presented by leading lawyers in federal law, in-house counsel, members of the judiciary and federal tribunal members. The conference will take place in person in Melbourne on Friday, 24 February 2023.
Click here for more information and to register.
Without Fear or Favour: Responses to the ALRC Report on Judicial Impartiality
Thursday, 29 September 2022 at 12:00pm – 1:30pm
Attendance is available online or in person at the Federal Court of Australia in Brisbane.
Hear responses from the Government, the bench, the profession and academia to the Australian Law Reform Commission’s Final Report, Without Fear or Favour: Judicial Impartiality and the Law on Bias.
Register to attend here.
Resolution Institute invites you to its 2022 conference, Green Shoots: Emerging Trends In Dispute Resolution, to be held on 6-7 October 2022 at the Sofitel Sydney Wentworth.
The conference will look to the future addressing developments and emerging trends across a wide range of sectors. With sessions running across four streams of mediation, arbitration, family dispute resolution and a mixed stream, along with social and networking opportunities, this event is not to be missed.
Low early bird rates (giving a $200 discount) close at 4:00pm on 30 September and include attendance and:
- Admission to the pre-conference cocktail welcome reception
- All conference materials, papers and conference souvenir booklets
- Access to a range of discounted pre-conference masterclasses to be held on 6 October
For information on the conference, please click here and to register, please click here.
In case of enquiries, please write to infoaus@resolution.institute or call +61 2 9251 3366
The popular legal organisation, Connecting Lawyer Mums (CLM) is excited to announce its partnership with Australia’s fastest growing Women’s Business Networking association, GWBC (formerly Geelong Women’s Business Club), for their biggest event ever at the Melbourne Museum on Friday, 7 October 2022.
All events are inclusive and LGBTIQ+ supportive. Adults of all genders and identities are warmly invited to attend.
Join us at the Melbourne Museum for what will be a fun and inspirational evening, where we will hear from some of the best women and men in the law, arts, fashion, sport, politics, media and business. Discussing all things careers, well-being, success and happiness. Lawyers can claim 5 CPD points (two points for practice management and business skills; two points for professional/barrister skills; one point for ethics).
Early bird tickets are available now for $249. Otherwise $299 per person. Bookings for a whole table of 10 are available (offer: 10 tickets for the price of 9). Book your tickets here.
There will be unlimited refreshments, a two-course meal, Carla Zampatti Summer 2023 fashion show, and speakers and panellists from the business and legal worlds, including Justin Hannebery KC, Magistrate Cecily Hollingworth, Nyadol Nyuon OAM, Kieran Perkins, Mark Philippoussis, Sophia Cachia, Natarsha Bamphlett, Rhoda Roberts AO and more. Sponsored by Carla Zampatti, Legally Yours, College of Law and Reverie Patisserie by Pierrick Boyer, with proceeds being donated to St Kilda Mums.
Hobart - Friday, 7 and Saturday, 8 October 2022
If you’ve been waiting for mediation training face-to-face, here it is!
Mediation is now the primary dispute resolution process of the family law and child protection systems. Lawyers need to understand the process and what it offers for clients in conflict.
Over two days on Hobart’s beautiful waterfront, learn about the concepts and principles of the facilitative mediation process and learn how you – as mediator or as lawyer – can assist clients to get the most from the opportunity of mediation and mediation-inspired lawyering.
This two-day face-to-face training with AIFLAM’s lead mediation trainers from the University of WA Mediation Clinic, may be taken as a stand-alone course, or in conjunction with the final four days of the full NMAS Mediation Training Course. Successful completion of both parts (six days) will enable participants to apply for registration as an AIFLAM NMAS accredited mediator.
Come to Hobart, do the course and then enjoy Hobart and its beautiful surrounds for the rest of the weekend.
The two-day course cost is $1,150 for members and $1,400 for non-members (includes full-year membership of AIFLAM). The additional cost to complete the further four days online for NMAS accreditation is $2,250.
For full details of the course, presenters, and to register, please click here.
CIArb Australia will be hosting the Annual Lecture 2022 during Australian Arbitration Week on Tuesday, 8 November 2022, between 5:00pm – 6:00pm AEDT. The speaker for this year's lecture is Justice Quentin Loh, Judge of the Appellate Division of the Supreme Court of Singapore and President of the Singapore International Commercial Court, and the lecture topic is "International Arbitration in a World of Sanctions".
The registration link is here.
Click here for the flyer.
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, 29th September 2022