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In Brief Issue #1077
14Oct
This week the 2020 and 2021 silks finally had the opportunity to enjoy the traditional celebrations on being appointed senior counsel. On Monday, they and I had the privilege of appearing in the High Court of Australia at the Silks Bows Ceremonial sittings. On Monday evening, the Australian Bar Association held a Silks Gala Dinner at the National Gallery of Australia. Retiring High Court justice, Justice Patrick Keane AC proposed the toast on behalf of the judges to the new silks, and Ben Doyle KC of the South Australian Bar responded on behalf of the Silks. The celebrations in Canberra were followed on Wednesday evening by an event hosted by Chief Justices Allsop AO, Ferguson and Alstergren AO in the Library of the Supreme Court of Victoria.
I take this opportunity to acknowledge the enormous contribution to the administration of justice made by Justice Keane AO over the last 17 years; initially as a justice of the Court of Appeal of the Supreme Court of Queensland, then as Chief Justice of the Federal Court of Australia and over the last 10 years as a justice of the High Court of Australia. I congratulate Justice Keane on his long and distinguished service and wish him well in his future endeavours.
On Tuesday night, the 2021/2022 Bar Council held its last meeting to deal with substantive business for the year. The meeting considered, inter alia, a report which the Bar Council had commissioned from Ray Finkelstein AO KC in relation to the Readers’ Course overhang issue. The Bar Council accepted the recommendation of the Indictable Crime Certificate Committee to dispense with the current ICC renewal procedure and, in its stead to impose a requirement for additional CPD requirements for those barristers seeking to renew their ICC. The Bar Council has requested the ICC Committee redraft the ICC Rules for further consideration by the 2022/2023 Bar Council next year.
Nominations for the 2022/2023 Bar Council are now open and close at 5:00pm on 20 October 2022. As in past years, the Bar Office will publish a list of all candidates standing for election on the voting website. This will identify each candidate and link to their Vic Bar profile. It is not the role of the Bar Council or the Bar Office to approve or endorse any candidate or group of candidates nor any information put out by candidates. I encourage all members to consider nominating for Bar Council. Service on Bar Council provides members with the opportunity to contribute to Bar policy and projects, as well as the opportunity to meet and assist others. For more information on the nomination process, see the notice below.
This week there were two ceremonial welcome sittings in the Magistrates’ Court of Victoria. On Wednesday, Darryl Burnett attended the ceremonial sitting to welcome Magistrates Langton and Spowart. This morning I attended the ceremonial sitting to welcome Magistrates Sonnet and Thomas. The ceremonies were well attended, and I congratulate the new Magistrates on their appointments and wish them all the very best for their careers on the Bench.
It was disappointing to receive feedback this week from the Magistrates’ Court as to the perception that there was an unwillingness on the part of counsel to appear in person in court, particularly in regional Victoria. It was expressed to me that there is a real desire from the Bench to be assisted by counsel in court in person. The perception from the Bench is that some counsel are reluctant to appear in person because it is more convenient for them to appear online. Convenience of counsel is not an overriding consideration in relation to the availability of counsel to accept a brief.
Last night I attended the 2022 Seabrook Chambers Public Lecture presented by the Attorney-General of Australia, the Hon Mark Dreyfus KC MP, which was followed by a dinner hosted by Prof. Matthew Harding, Dean of the Law School, University of Melbourne. It was great to see a number of current and former judges brave the inclement weather to attend what was a very interesting lecture on Integrity and the Rule of Law.
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.
There will be a celebration of the life of Jeremy St John on 20 November 2022 at Studley Grounds, Kew. Details will be made available on our website.
For those members wishing to attend the commemorative dinner to honour the life and service of her late Majesty Queen Elizabeth II on Tuesday, 25 October 2022. Registration is open until 11:59pm this evening. Her Excellency, Linda Dessau AC, Governor of Victoria, is our special guest speaker for the evening. It should be a great evening.
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. Members will have received 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.
Members are reminded that nominations for election to the 2022/2023 Bar Council close at 5:00pm on Thursday, 20 October 2022.
Nominations must be received by the Statutory Secretary on or before 5:00pm on Thursday, 20 October 2022, by email to ed@vicbar.com.au.
Please download the Candidate nomination form and Nominator form.
Nominations received out of time or in hard copy cannot be accepted.
The Indigenous Justice Committee (IJC) is proud to announce that a conference room located on Level 1 of Owen Dixon Chambers East has been officially named by the Victorian Bar as the dhumba djerring Room. The Wurundjeri Woi-wurrung Cultural Heritage Aboriginal Corporation has granted permission to the Victorian Bar to use this Indigenous Australian language phrase (which roughly translates to “Talk Together”) on an ongoing basis.
The IJC gratefully acknowledges the decisions taken by Bar Council to endorse this name, and the financial contributions from individual members of the Bar, which enabled this important symbolic and practical reconciliation measure to occur.
The dhumba djerring Room features beautiful photographic portraits of current and former Indigenous Australian members of the Bar. These portraits were commissioned by the Arts and Collections Committee. The IJC expresses its sincere gratitude to Serena Armstrong (a member of the IJC) and Siobhan Ryan KC, the Chair of the Arts and Collections Committee (and its membership), for their redoubtable efforts in organising the production of these portraits (including during COVID-19 restrictions).
The IJC encourages all members of the Victorian Bar to use the dhumba djerring Room and view these portraits, and to reflect upon the Bar’s ongoing commitment to meeting its targets in its Reconciliation Action Plan (RAP) “Innovate”.
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 today, 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.
Conference Program
For more information, please click here.
The Pro Bono Committee reminds members that the Pro Bono Work page in the members’ section of the Victorian Bar’s website contains a range of useful resources. These include:
- The Pro Bono Platform enables members to view and accept advertised pro bono opportunities, update their areas of practice and modify their notification settings if desired.
- The expression of interest form for members who wish to contribute to the Victorian Bar Pro Bono Scheme administered by Justice Connect.
- The protocols governing the court referral schemes currently in operation between the Victorian Bar and various courts.
- Template costs disclosure statements and conditional costs agreements for use in suitable pro bono matters.
- Information about the Open Justice Project, which enables members working on pro bono matters to seek pro bono legal assistance from selected Monash University law students.
- Are you interested in the benefits of a shared printer on your floor? BCL can look after this for you. Contact us before signing a new printer lease, or to discuss the option of BCL taking over your existing printer lease to guarantee value, support, and compatibility with the BCL network. No admin. No contracts. Click here to read the recent BCL communication or enquire with the BCL Service Desk on 9225 8888.
- 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.
- Mediators Discussion Group -The many hats of the mediator is on 17 October 2022 from 5:00pm-6:00pm. Tim and Paul will lead a mediators discussion group on “The many hats of the mediator” – with a view to facilitating discussion regarding the many different roles a mediator can play during the course of a mediation. This session will not be recorded and is an in-person event only for barristers. Click here to RSVP.
- s102NA in all of its glory is on 25 October 2022 from 5:15pm-6:15pm. This session will examine what we know and have learnt about section 102NA of the Family Law Act since its introduction in September 2019. This is an in-person event for barristers only and will also be available online via livestream. Click here to RSVP.
- Common Law Claims for Psychiatric Injury in Australia is on 27 October 2022 from 5:15pm-6:15pm. In 1939 Justice "Doc" Evatt delivered a dissenting judgment in the nervous shock case of Chester v Waverly Council. Gideon Haigh examined this judgment in his recent book "The Brilliant Boy - Doc Evatt and the Great Australian Dissent." In 2022 the High Court delivered judgement in the Kozarov v State of Victoria. The seminar will explore the development of this area of law. This is an in-person event and will also be available online via livestream. Click here to RSVP.
- Risky Business: Isles, Eastley, and the elements of Unacceptable Risk is on 2 November 2022 from 5:15pm-6:15pm. In this CPD, counsel for the respondent in the appeal of Eastley will address the landscape of unacceptable risk (including the current application for special leave), before turning to the practical elements of making parenting orders where unacceptable risk is alleged. This is an in-person event and will also be available online via livestream. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
Studio 11 is delighted to host its current End of Year Exhibition featuring works by Robyn Wilson and Geraldine Richards at Level 11, Owen Dixon Chambers East.
This exhibition comprises some 43 works, all for sale directly from the artists, commission free. The exhibition runs from 3 October – 16 December 2022.
Robyn Wilson is a Melbourne based artist who graduated with a Bachelor of Fine Arts and holds a Diploma of Visual Art. Robyn’s work draws inspiration from iconic and favourite Melbourne cafes, including Pellegrini’s Espresso Bar and Brunetti’s, a recent outback painting trip to Fowler’s Gap West of Broken Hill and Plein Air painting at Halls Gap. Robyn explores these works with a pervading interest in colour, geometry and patterning, resulting in accomplished, balanced works.
Geraldine Richards is also a Melbourne based artist who is completing her Masters of Fine Art. Her works are lively, colourful and geometric. Her love of nuanced colour comes from her mother, and her interest in form emanates from living in houses designed by architect Robin Boyd. Her landscape paintings are influenced by views of the Dandenong Ranges from East Ivanhoe and the shoreline of Port Phillip Bay at Mount Martha, as well as travels around Victoria, in particular San Remo, the Bellarine Peninsula and the Macedon Ranges.
Please visit the exhibition at your leisure.
Dear Members,
The Club is pleased to announce that we will be hosting the Essoign Melbourne Cup Luncheon.
Details of which are as follows:
Venue: The Essoign Club
Date: Friday, 28 October 2022
Time: 12:45pm onwards
The cost of the event will be $100 per head for 3-course lunch and Sparkling on arrival, with beverage costs in addition.
There will be a sweep on the Melbourne Cup with tickets at $50.
Auction of a lunch in the VRC Committee Room on a non Cup Carnival race day with proceeds to go to Sacred Heart Mission, St Kilda.
Fashions on the field and all the usual fun of our much-loved event.
Ideally, those who are interested will organise a table of ten, but if that is not possible, the Club can make arrangements to seat groups and individuals together in tables of ten.
If you are interested in attending, please book now.
Click here for the flyer.
Or book here:
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 Supreme Court is adjusting its operations in response to the end of the COVID-19 pandemic declaration.
The Supreme Court will retain some precautions in line with health advice.
Read the latest operational update: Operational Update COVIDSafe Measures.
Consistent with the change in community circumstances and continual improvement in the health environment, the Court will remove the requirement for surveillance rapid testing prior to any in-person attendance at the Court.
This change will be effective from Monday, 17 October 2022.
From 17 October 2022, practitioners and other court users will not have to undergo mandatory surveillance rapid testing before entering the Court.
However, practitioners and other court users are not to attend Court if they are symptomatic or if they have tested positive to COVID-19, until they return a negative rapid antigen test.
Masks will continue to be worn inside the Court building as per the existing arrangements.
We are continuing to monitor developments in relation to public policy concerning COVID-19, and we are taking steps to obtain advice on these developments.
The approach commencing on Monday, 18 October, outlined above, will be in place until further advised.
A protocol will be released on the Court’s website closer to the date.
The Magistrates’ Court of Victoria have published Practice Directions 7, 8 and 9 of 2022.
- Practice Direction 9 of 2022 - provides updated directions to promote timely commencement, progression and resolution of criminal charges arising out of family violence incidents. This PD applies from 17 October 2022 and revokes PDs No. 10 of 2014, Nos. 4, 7 and 8 of 2015, Nos. 3, 8, 12 and 13 of 2016, Nos. 7 and 11 of 2017 and No. 1 of 2018.
- Practice Direction 8 of 2022 - from Monday, 3 October 2022, the MCV civil jurisdiction went live with the new electronic Case Management System (CMS). CMS will replace all current modes of filing for practitioners. This PD applies to all civil proceedings commencing under s100 of the Magistrates’ Court Act 1989, except for proceedings initiated under s100(1)(ca) which relates to federal jurisdiction matters which cannot be determined by VCAT. This PD is to be read in conjunction with Practice Direction No. 6 of 2022.
- Practice Direction 7 of 2022 – provides directions in relation to the filing of an affidavit marked Confidential and an affidavit which includes a confidential bundle of exhibits in civil division matters. This PD applied from 3 October 2022.
The Judicial College of Victoria continues to publish updates to Scholarship for the Legal Community, a curated selection of research summaries of recently published academic writing from local and international journals.
Research on a range of topics, including sentencing, civil appeals, equity, estates and trusts, and the value of legal scholarship, has been added to the collection.
Among recent highlights:
- Read an analysis of recurring issues in civil appeals, including the raising of points for the first time on appeal.
- Explore recent research on the value of taking account of systemic deprivation in sentencing Indigenous offenders.
- Explore the role of the Judge’s conscience and moral reasoning in guiding parties to minimise the risk of unconscionable conduct arising in transactions.
- Discover the continuing importance of legal scholarship to the judiciary and the bar.
The Sentencing Advisory Council has released its latest consultation paper: Reforming Sentence Deferrals in Victoria: Consultation Paper. It poses 14 questions about possible reforms to improve or increase the use of sentence deferrals. Submissions are due Friday, 2 December 2022.
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 career. Register now for your Digital Library login – powered by Law Library Victoria.
You are invited to hear Dr Bryan Keon-Cohen, Dr Shireen Morris, Director of The Radical Centre Reform Lab and Professor Mark Rose, Pro Vice-Chancellor of Indigenous Strategy and Innovation at Deakin University, as they explore the current drive for recognition of the Uluru Statement from the Heart in the context of our history on Aboriginal and Torres Strait Islander rights.
This opportunity will allow you to hone your understanding of the issues encompassed by the Statement from the Heart in anticipation of a referendum that is now on the agenda.
Deakin Law School is delighted to host this event as part of its 30th anniversary. Please join us after the panel event for drinks and canapes.
When: Wednesday, 19 October 5:30pm - 7:30pm
Where: Deakin Downtown, Level 12, 727 Collins St, Melbourne
Click here to register.
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
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 the following:
- 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.
Australian Arbitration Week 2022: Resolution Institute’s Expedited Process for Domestic Arbitration
Join Amber Williams (CEO, Resolution Institute) and an esteemed panel to learn more about the Resolution Institute expedited arbitration process.
Wednesday, 9 November 2022 | 7:45am (8:00am start) – 9:00am AEDT | MinterEllison Collins Arch, Level 20, 447 Collins Street, Melbourne VIC 3000
A renewed emphasis on ensuring arbitration delivers a cost-effective, timely and efficient path to resolving disputes (particularly those with a low-value quantum) has resulted in various approaches to fast-track or expedited arbitration rules from arbitral institutions over recent years.
With 15 years of experience from 2007, when IAMA (Resolution Institutes predecessor body) first launched its fast-tracked arbitration rules, Resolution Institute is introducing a refined and modern approach to expedited arbitration supporting the Resolution Institute 2020 rules.
Click here to register.
UNCITRAL National Coordination Committee for Australia invites you to join us for our annual UN Day Lecture, this year on the making of an UNCITRAL convention - spotlighting the Beijing Convention on the Judicial Sale of Ships. The event will take place on Wednesday, 26 October 2022, with a mix of both in-person and online options available across Australian jurisdictions. For tickets, click here. See the flyer here for more details.
The 2022 Minds Count Annual Lecture will be held on Thursday, 27 October, at the Federal Court of Australia. The event will start at 6:00pm, and will be available to attend via livestream.
This year we will be hearing from Berkeley Cox and Margaret Cai.
Berkeley Cox is currently a Partner in the Brisbane office of King & Wood Mallesons. Berkeley served as the Australian firm’s Chief Executive Partner from 2017 to 2022 and, prior to that, led the Financial Services Sector and various practice groups.
As Chief Executive, Berkeley's strategy focussed deeply on the links between wellbeing and performance, highlighting the importance of culture, team dynamics and support from leadership in fostering psychological health and safety in the workplace.
Margaret Cai is a Solicitor in the Competition team at King & Wood Mallesons and a member of the Corporate Mental Health Alliance Australia’s Early in Career Committee. In her previous role as the President of the Australian Law Students’ Association, Margaret oversaw the national roll-out of Mental Health First Aid Training for groups of law students and is particularly interested in the ways mental health and prominent issues such as bullying and sexual harassment intersect in workplaces and the wider community.
The proceedings will be opened by Chief Justice James Allsop, Federal Court of Australia, who has been instrumental in supporting the Foundation’s mission since his involvement in 2018. With news of the recent appointment of Minds Count Director Justice Jayne Jagot to the High Court of Australia, we will also be inviting Her Honour to introduce the lecture for 2022.
Our Q & A session will be hosted by Jerome Doraisamy, Editor at Lawyers Weekly and Board Director of Minds Count.
We will also be announcing the recipients of the 2022 Minds Count Annual Awards, celebrating leadership and innovation in mental wellbeing in legal workplaces.
Purchase tickets here.
We hope you can join us for this special event!
ACICA and CIArb Australia will be hosting the 2022 International Arbitration Conference during Australian Arbitration Week on Monday, 7 November 2022.
Our one-day program includes a Keynote Address from The Hon. Chief Justice Susan Kiefel AC and features a host of eminent speakers and expert practitioners from around the globe.
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, 20th October 2022