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In Brief Issue #1075
30Sep
On behalf of the Bar, I acknowledge and extend my congratulations and best wishes to the Hon. Justice Jayne Jagot, on her appointment as a judge of the High Court of Australia. I note the words of the Commonwealth Attorney-General, the Hon. Mark Dreyfus KC, in response to criticism that the appointment did not address a historical lack of representation from smaller states:
‘I can only assure the people of Australia that this appointment is of the best possible person for this position to the High Court of Australia.’ I respectively endorse the Attorney-General’s sentiment that appointment to judicial office should be on merit alone.
On behalf of the Bar, I also extend my congratulations and best wishes to David Langton and Brett Sonnet on their respective appointments as Magistrates to the Magistrates Court of Victoria this week. Please see below for the details in relation to the welcome ceremonies.
Following the Royal Commission into the Management of Police Informants (RCMPI), the Victorian Government appointed Sir David Carruthers as the Implementation Monitor to oversee the implementation of all the recommendations made by the Commissioner. The Victorian Bar RCMPI sub-committee has been working with and consulted by the Implementation Taskforce for approximately 18 months. On Monday, I attended the RCMPI Legal Profession Regulation Working Group. Yesterday, Amy Wood and I met with Sir David for the first time in person. Consistent with previous representations made on behalf of the Bar, we reiterated the Victorian Bar’s strong opposition to mandatory reporting by legal practitioners. We also raised our concern that the Human Source Management Bill was introduced to Parliament by the State Attorney-General in August 2022 without any consultation of the Bar or the LIV. Both the Bar and the LIV hold serious concerns about the lack of consultation and the proposed use of lawyers as human sources pursuant to this new legislation. Sir David acknowledged our concerns and thanked the Victorian Bar for its continued contribution to the RCMPI Taskforce.
This week a number of members expressed to me their frustration concerning the lack of resources in the Building and Planning List of the Victorian Civil and Administrative Tribunal and the impact it was having on listings and delays to access to justice by their clients. Yesterday, I had a productive and constructive meeting with the Honourable Justice Quigley, President of VCAT, in which I raised these concerns. I will report further on this issue to members in due course.
Members practising in New South Wales will be pleased to learn that the Covid-19 restrictions in NSW Supreme Court will cease as of 1 October 2022. Please see the attached notice from Chief Justice Andrew Bell here. I note that the Federal Government has today announced a lifting of Covid-19 isolation restrictions. I hope the Victorian government follows suit soon and that restrictions will be lifted in courts across Victoria.
Today members will have received an email notification that the Annual General Meeting of the Victorian Bar Inc and Barristers’ Benevolent Association of Victoria will be held on Monday, 24 October 2022, at 5:00pm in the Neil McPhee Room. Further details are available in the notice below.
Members will also have received an invitation today to join me at a dinner to commemorate the life and service of her late Majesty Queen Elizabeth II on Tuesday, 25 October 2022. Her Excellency, Linda Dessau AC, Governor of Victoria, has kindly agreed to attend as a special guest speaker.
Next Wednesday, 5 October 2022, a call for nominations for the 2022-2023 Bar Council election will be sent to all members. It will include instructions on counsel eligible to nominate and instructions for completing the appropriate forms.
A welcome sitting to mark the appointment of His Honour Magistrate David Langton and Her Honour Magistrate Helen Spowart will be held in Courtroom 1, Magistrates’ Court of Victoria on:
Wednesday, 12 October 2022, at 9:00am.
A welcome sitting to mark the appointment of His Honour Magistrate Brett Sonnet and His Honour Magistrate Greg Thomas will be held in Courtroom 1, Magistrates’ Court of Victoria on:
Friday, 14 October 2022, at 9:00am.
Finally, I wish to acknowledge the recent unexpected passing of Lynette Pilmer, a barrister’s secretary of more than 55 years standing. Lynette worked in Latham and Aickin Chambers for many barristers, including the Hon. Frank Callaway RFDQC, the Hon Federico, His Honour Judge Phillip Burchardt, Brian Wright Magistrate, Paul O’Grady KC, Marc Felman KC, Mark McKenny, and most recently Justin Bourke KC. I extend my sincere condolences to those close to Lynette and her family.
Róisín Annesley KC
The Annual General Meetings of Victorian Bar Inc and Barristers’ Benevolent Association of Victoria will be held on Monday, 24 October 2022, at 5:00pm in the Neil McPhee Room. Earlier today, members were sent an invitation containing the agenda for each meeting and a link to register their attendance. Registrations close at 4:30pm on Monday, 24 October 2022.
As in previous years, separate interactive PDF nomination forms for candidates and their nominators will be made available for members. A call for nominations for election to the 2022-2023 Bar Council will be emailed on Wednesday, 5 October 2022, to members of counsel eligible to nominate and be nominated, containing the forms and including instructions on completing the forms.
His Honour Magistrate David Langton
Her Honour Magistrate Helen Spowart
A welcome sitting to mark the appointment of His Honour Magistrate David Langton and Her Honour Magistrate Helen Spowart will be held in Courtroom 1, Magistrates’ Court of Victoria on:
Wednesday, 12 October 2022 at 9:00am
Members of the profession are most welcome to attend the welcomes in person, a formal RSVP is not required. Masks are required in the public areas of the Court. The ceremony will be livestreamed via Webex here.
His Honour Magistrate Brett Sonnet
His Honour Magistrate Greg Thomas
A welcome sitting to mark the appointment of His Honour Magistrate Brett Sonnet and His Honour Magistrate Greg Thomas will be held in Courtroom 1, Magistrates’ Court of Victoria on:
Friday, 14 October 2022 at 9:00am
Members of the profession are most welcome to attend the welcomes in person, a formal RSVP is not required. Masks are required in the public areas of the Court. The ceremony will be livestreamed via Webex here.
Registration for the 2022 CommBar Conference in Albury on Friday, 18 November 2022, is now open. Tickets can be purchased via this link.
The early bird rate of $440 per person (inclusive of GST) has been extended to apply for registrations received before 5:00pm on Friday, 14 October 2022. After that time, the registration price will be at the standard registration fee of $495 per person (inclusive of GST).
Attendance at the conference is open to all CommBar members and interested solicitors. Please feel free to circulate this registration link to colleagues and contacts whom you believe may be interested in attending.
Registration includes attendance at the conference and all social events, including:
- a welcome drinks reception on the rooftop terrace of The Albion Hotel, Albury, from 6:00 – 8:00pm on Thursday, 17 November 2022;
- morning and afternoon teas and lunch during the conference itself on Friday, 18 November 2022; and
- a conference gala dinner to be held on Friday, 18 November 2022.
The conference business sessions and the gala dinner will be held at The Atura Hotel in Albury.
Accommodation
The Atura Hotel is offering a conference accommodation rate for conference attendees at $190 per night for 17 and 18 November 2022. To access this offer, which is exclusive to conference attendees, you can either:
- call The Atura Hotel directly on 02 6021 5366 to make a booking, at quote ‘Commercial Bar Association of Victoria’; or
- book online via this link for the relevant dates (17 and 18 November 2022), select ‘I have a code’, and enter the block code: 2211COMMER.
Expressions of Interest for Presenters
The conference program will be comprised of six one-hour panel sessions throughout the day on Friday, 18 November 2022. Each session will be chaired by a Silk or senior junior, with a panel of two to three junior commercial barristers and one regional solicitor from the Albury and District Law Society.
A reminder that expressions of interest for panel speaker presenters for sessions 2, 3, 4, 5 and 6 remain open until 5:00pm today, 30 September 2022. The topics for the sessions are set out in the program below. To submit an expression of interest, please email the Conference Organising Committee at commbar2022conference@vicbar.com.au and copy COC member Ella Zauner at ella.zauner@vicbar.com.au, identifying in that email which of the sessions below you are interested in co-presenting.
Conference Program
For more information, please click here.
The Bar Council is seeking nominations for appointment to the Takeovers Panel.
The Takeovers Panel is established by Part 10 of the Australian Securities and Investments Commission Act 2001. It is the primary forum for resolving disputes about a takeover bid until the bid period has ended. To ensure continued market confidence in the Takeovers Panel, members must have significant takeovers experience and be qualified and experienced in one or more of the following areas: business, administration of companies, financial markets, financial products and services, law, economics, and accounting. Further information on the Takeovers Panel is available on its website: www.takeovers.gov.au and in the background document here.
The Bar’s protocol for nominating and appointing Vic Bar members to external bodies can be viewed here. You are encouraged to provide a detailed expression of interest, which should identify any relevant areas of experience or expertise. This will assist the Bar Council in selecting the best candidate for the position.
Please forward your expression of interest to Joseph McGregor at joseph.mcgregor@vicbar.com.au. The closing date for EOIs is 5:00pm, Wednesday, 5 October 2022.
Jury Skills Workshop: What does the jury really think? is on 27 October 2022 from 5:00pm-7:00pm and a full day workshop on 5 November 2022 from 8:30am-5:30pm. This is a specialist workshop for those who undertake jury trials in both the Criminal and Common Law jurisdictions. The workshop will provide you with a unique opportunity to improve your jury advocacy skills in front of sitting judges, a jury and hear from the “jurors” themselves. This is an in-person event only. Click here to register.
- 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.
- The Verdins Nexus: Assessing the Relationship between Mental Health and Offending for Sentencing Purposes is on 3 October 2022 from 5:15pm-6:15pm. This seminar will look at the various (conflicting) ways in which courts address causation in this context and would highlight some problems with some recent case law. It would suggest an alternative way in which causation should be addressed by practitioners and experts in the sentencing context. This is an online only event. Click here to RSVP.
- Preparing for a civil trial – skills for junior barristers is on 5 October 2022 from 5:30pm-6:30pm. Kathleen Foley and Kateena O’Gorman will present this second session of 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 RSVP.
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!
Please see the notice below from Chief Justice Andrew Bell of the NSW Supreme Court regarding the ending of Supreme Court Covid-19 protocols in NSW.
Click here.
Please click here to view Practice Direction No.7 of 2022 on Confidential Affidavits/Confidential Bundle Exhibits in Civil Division Matters.
The Legal Services Council September newsletter is now available here for your information.
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.
Resolution Institute Conference 2022
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
Resolution Institute Mediation training | Adelaide | 24-28 October 2022
Attend Resolution Institute's five-day mediation training for a practical learning experience built on sound theory.
The training meets the requirements for the National Mediator Accreditation System (NMAS) in Australia. The course has a strong skills development orientation. You will engage in demonstrations, simulation role plays offering experiential learning along with personalised coaching and receive feedback from highly skilled mediators.
You will learn:
- a proven step-by-step mediation process adaptable to a wide range of circumstances
- essential skills to identify the range of drivers underpinning different perspectives
- effective communication skills and processes to manage difficult or emotionally charged interactions
- strategies to generate options and break impasse
- practical tools to keep people with conflicting views focused on achieving constructive outcomes
Click here to register.
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 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, and one point for ethics).
Early bird tickets are available now for $249. Otherwise $299 per person. Bookings for a 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.
The Council of Australasian Tribunals Victoria (COAT) is holding its annual conference on Friday, 21 October 2022, at Oaks Melbourne on Market Hotel (60 Market Street Melbourne)
NAVIGATING THE SEA OF HEALTH AND JUSTICE NEEDS IN THE DELIVERY OF TRIBUNAL SERVICES
This year’s conference will:
- Explore the challenge of providing tribunal services that respond to the health justice needs of users;
- reflect on and discuss the person-centred, collaborative, therapeutic and problem-solving approaches to decision-making that have been adopted by some tribunals;
- examine the skills and training civil and administrative decision-makers need to meet the community’s expectations of future tribunals.
Enquiries:
Fotini Panagiotidis
fotini@vicbar.com.au
9225-7444
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. 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, 6th October 2022