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In Brief Issue #1079
28Oct
On behalf of the Victorian Bar, I congratulate the Honourable Justice Lesley Ann Taylor, who has been appointed as a judge of appeal of the Supreme Court of Victoria, effective Tuesday, 25 October 2022.
On behalf of the Bar, I also congratulate and extend my best wishes to their Honours:
- Judge Áine Magee KC,
- Judge John Kelly SC, and
- Judge Barbara Myers KC
on their respective appointment as a Judge of the County Court of Victoria. Details of welcome ceremonies will be announced at a later date.
I also wish to extend warm congratulations to the new appointments to the Magistrates’ Court of Victoria, including from the Victorian Bar, their Honours:
- Magistrate Malcolm Thomas
- Magistrate Jarrod Williams
- Magistrate Megan Casey
- Magistrate Belinda Franjic
- Magistrate Andrew Sim
I note that the Victorian Government has also appointed 10 new tribunal members to the Victorian Civil and Administrative Tribunal. None of the new tribunal members are members of the Victorian Bar. It is hoped that the appointment of 10 new tribunal members will improve access to justice at VCAT.
The Annual General Meeting of the Victorian Bar Inc and Barristers’ Benevolent Association of Victoria was held on Monday in the Neil McPhee Room. There was no special business at either meeting, and all motions at the respective meetings were carried.
On Tuesday, I hosted the Queen Elizabeth II Commemorative Dinner at the Essoign Club. The dinner was a great success, with members and guests being treated to an excellent address by the Hon. Linda Dessau AC, Governor of Victoria, who reminded those present of the long connection between the late monarch and Victoria. I thank the organisers; the Bar Office staff, and the staff of the Essoign Club for ensuring that the evening ran smoothly.
Ethics Bulletin No. 3 of 2022 has been published today, here. The Bulletin reminds members of their ethical obligations when engaging in debate with others, including when utilising social media platforms, texts, or emails.
Voting for the election of the 2022/2023 Bar Council is now open. All members should have received an email with a link to access the Voting portal. Voting closes on Wednesday, 9 November 2022, at 5:00pm.
The Hon. Justice Alstergren, Chief Justice of the Federal Circuit and Family Court of Australia, has advised that the pilot program of the Lighthouse model will be expanded from 28 November 2022 into 15 courts across the nation, including Melbourne and Dandenong in both parenting and parenting/ financial cases. The Lighthouse model is a world-leading innovation in the risk screening, triage, and assessment of family law matters. The Courts are to be commended on their willingness to embrace this innovative approach, and I congratulate the Chief Justice on spearheading this endeavour.
A reminder to members that nominations are now open for the next Victorian Bar Pro Bono Awards. Nominations may be made using the nomination form here and close on 30 November 2022.
Róisín Annesley KC
Supreme Court of Victoria
The Executive Council has appointed The Honourable Justice Lesley Ann Taylor as a judge of appeal of the Supreme Court of Victoria, effective Tuesday, 25 October 2022.
County Court of Victoria
The Governor in Council has appointed the following as judges of the County Court of Victoria:
Her Honour Judge Áine Magee
His Honour Judge John Kelly
Her Honour Judge Barbara Myers
The appointments were effective from Tuesday, 25 October 2022.
Details of any welcome ceremonies will be made available when they are known.
Magistrates' Court of Victoria
The Attorney-General of Victoria has today announced the appointments of ten Magistrates to the Magistrates’ Court of Victoria, including five members of the Victorian Bar:
His Honour Magistrate Malcolm Thomas
His Honour Magistrate Jarrod Williams
Her Honour Magistrate Megan Casey
Her Honour Magistrate Belinda Franjic
His Honour Magistrate Andrew Sim
These appointments were effective from 18 October 2022.
Details of the welcome ceremonies will be advised when they become known.
Voting for the 2022/2023 Bar Council election opened at 9:00am on Wednesday, 26 October 2022 and closes at 5:00pm on Wednesday, 9 November 2022.
Financial members will have received an email with a link to vote at 9:00am on Wednesday, 26 October 2022.
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 30 November 2022.
If you are aware of barristers 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.
Registration for the 2022 CommBar Conference in Albury on Friday, 18 November 2022, is now open. Tickets can be purchased via this link for $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 International Advocacy Training Committee is delivering an advocacy course to the Legal Training Institute of Papua New Guinea from 9-16 November 2022 in Port Moresby.
This is the first time since COVID-19 that an in-person delivery of the course has been possible.
This is a call for donations of legal texts and law reports.
Donated books/reports will be delivered to the Legal Training Institute.
If you are able to make a contribution, please email Pina Bonacci at dinelli.pa@vicbar.com.au, and arrangements can be made to collect the books/reports.
- 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.
- Compensation Law: Case Law Review 2022 is on 10 November 2022 from 5:15pm-6:15pm. A review of recent compensation law decisions encompassing issues including: accord and satisfaction and whether there is preclusion from further claims; the role of 'guidelines' for the purpose of medical and like expenses; recent decisions on 'worker' questions under the Act; leave to include additional disputes and payment of interest on weekly payments. This is an in-person event only for barristers. Click here to RSVP.
- Time Management in Legal Practice is on 15 November 2022 from 5:15pm-6:15pm. In this seminar, the speaker shares strategies to assist barristers in managing their time in their legal practice. 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.
You are cordially invited to the launch of 'A Life in the Law: A Memoir' by Nimal Wikramanayake KC.
The book will be launched by Robert Richter KC as The Essoign Club, Level 1, Owen Dixon Chambers East at 5:00pm on Monday, 28 November 2022.
RSVP by Friday, 18 November 2022 to n.wikramanayake@vicbar.com.au or call 9885 7501.
BottledSnail Productions invites you to attend its Twilight Songs under the Dome 2022 on Thursday, 10 November, at 5:30pm in the Law Library.
Featuring an hour of musical entertainment by members of the judiciary and the legal profession, the event will also raise money for the work of Medecins sans Frontieres assisting the flood victims of Pakistan. Tickets are $40 - details are in the flyer 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.
The Essoign will be closed:
Melbourne Cup Eve - Monday, 31 October
Melbourne Cup Day - Tuesday, 1 November
Trading as per usual from:
Wednesday, 2 November
We are open daily from 7:30am – till late
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, Christmas Lunch or something special you may have in mind. Email us at essoign@vicbar.com.au
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.
MBA have a limited time offer running at the moment on The Good Guys Commercial.
By signing up for an account, members can go into the running to win their choice of $150 worth of products from the Good Guys Commercial. There will be one winner of this prize.
Click here for more information.
Click here for the monthly Best Buys!
Court Services Victoria (CSV) has published a Report from Julie Dodds-Streeton KC, who was commissioned to review the recruitment processes and working arrangements for CSV staff who work in a primary relationship with judicial officers. This Report is in response to Recommendation 4 from the Review into Sexual Harassment in the Victorian Courts and VCAT, completed by Dr Helen Szoke AO in 2021. That Review was commissioned by the then Attorney-General and the Chief Justice of Victoria in 2020.
Please see an important update here from the Federal Circuit and Family Court of Australia (Division 1) and Federal Circuit and Family Court of Australia (Division 2) regarding the expansion of the Lighthouse model, a world-leading innovation in the risk screening, triage and assessment of family law matters.
The Courts were successful in receiving funding to expand the current Pilot, detailed in a media release here.
From 28 November 2022, the Courts will roll out the Lighthouse model to Adelaide, Brisbane, Cairns, Canberra, Dandenong, Darwin, Hobart, Launceston, Melbourne, Newcastle, Parramatta, Rockhampton, Sydney, Townsville, and Wollongong in both parenting and parenting/financial cases.
The Lighthouse model involves three interconnected processes:
- Risk Screening: Parties filing an eligible Initiating Application or Response, will be asked to complete the Family DOORS Triage risk screen via a confidential and secure online platform. This has been developed specifically for the Courts and can be completed safely and conveniently from any device; computer, mobile phone or tablet. Assistance can also be provided by the Lighthouse Team to complete.
- Triage: The Lighthouse Team, a dedicated, specialised team, will assess and direct cases into the most appropriate case management pathway based on the level of risk. The team is made up of highly skilled Judicial Registrars, Triage Counsellors (psychologists/ social workers acting in the role of Family Counsellor), and support staff with detailed knowledge in family violence and family safety risks. The team will triage matters and identify parties who may require additional support and safety measures. This may include online referrals or interviews with those most at risk.
- Case Management: Those matters with the highest levels of risk will be referred to be placed on the Evatt List, the specialist court list developed and designed to assist those families that have been identified as being at high risk of family violence and other safety concerns. The Evatt List focuses on early information gathering and intervention from the very commencement of proceedings. The team has specialised training and is experienced in working with families where high-risk safety issues have been identified. Lower-risk cases will be considered for a range of case management pathways, including dispute resolution, in accordance with the level of risk and the Central Practice Direction – Family Law Case Management.
The Courts will release a series of updates to the profession over the coming weeks in advance of the commencement of the expanded model on 28 November 2022.
Please click here to view the Lighthouse Project expansion factsheet.
VCAT will shortly return to in-person hearings for Planning and Environment Division (PED) matters.
From Monday, 21 November 2022, VCAT will convert the following fixtures from online to in-person:
- All compulsory conferences listed for one day (or more);
- All hearings of three or more days;
- All matters requiring an interpreter;
- All original jurisdiction applications but not section 87A PE Act matters unless they are captured by another criteria;
- All compulsory conferences for section 82 applications (regardless of length);
- All environment and resources fixtures (CC and hearings regardless of length); and
- All 1-day compulsory conferences in land valuation matters.
From Monday, 12 December 2022, any land valuation matters with three or more hearing days will become in-person hearings.
All other hearing types will continue to be conducted remotely. Please refer to the Initiating Order and subsequent orders sent to you for further information.
You will receive updated orders over the coming weeks as we work through converting these fixtures and updating information.
We thank you for your patience in advance.
COVIDSafe Protocols
Court Services Victoria (CSV) and VCAT remain committed to providing a safe environment for our users, members and staff.
For information on our in-person hearing COVID-19 protocols, including the requirement to wear a mask, see On hearing day.
VCAT thanks you for your co-operation.
For more information or feedback, contact: Planning & Environment Division: admin@vcat.vic.gov.au
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 this 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 that you think might be interested.
This study has received Deakin University ethics approval (HAE-21-172).
Survey QR Code:
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.
- Date and time: Wednesday, 2 November 2022; 4:00pm - 5:00pm
- Presenters: Gabriel Chipkin – Barrister, Crockett Chambers and Mahnoor Sikandar – Senior Policy and Projects officer, VLA.
- Location: Online via Zoom and recorded. Information on how to log into the session will be emailed to those registered closer to the session date.
About the Lecture
This session will consider the admissibility of digitally recorded evidence-in-chief (DREC) in family violence offence proceedings, as well as conversations with a complainant that are captured on body worn camera at the scene. It will address how to tell the difference between the two and what it means for admissibility.
Can police rely on the recorded conversation or DREC? Is the footage admissible? How does the hearsay rule apply?
This session seeks to address those questions while providing strategic advice and practical tips for how to represent clients in such situations.
CPD units
This event is presented as part of VLA’s Professional Legal Education program. The content has been designed to meet the CPD needs of lawyers in the CPD field of Professional Skills, Substantive Law and Practice Management and Business Skill. Lawyers may claim one CPD unit for each hour attended (a maximum of 1 unit for this event) as per the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015.
Please email the PLE team at Victoria Legal Aid if you have any questions.
Click here for more information and to register.
Understanding and increasing effectiveness in mediation – A Resolution Institute workshop for lawyers - Wednesday, 2 November 2022
Join Michael Mills and Nina Harding at this exclusive lawyers-only event organised by Resolution Institute and learn how lawyers can improve outcomes from mediation, especially in the midst of litigation, including the mediation process and the role of the mediator in assisting successful resolution. Attendees will also learn about successful mediation advocacy at the workshop.
Special guests:
- The Hon Robert McDougall KC (former Judge and experienced mediator) will talk about improving outcomes and the importance of preparation.
- The Hon Justice Julie Ward (President of the NSW Court of Appeal) will talk about her experiences and thoughts on mediation.
- Michelle Fox (with Michael Mills) will discuss lessons from the World Trade Centre and why sometimes we don’t do the things that lead to settlement.
Drinks, closing words & networking after the event from 5:30pm–6:30pm.
For enquiries, please contact infoaus@resolution.institute or call the Sydney office at +61 2 9251 33.
Click here for the flyer and 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.
In Conversation with Jon Faine
Hosted by iconic broadcaster Jon Faine, In Conversation is an opportunity to deep-dive into the minds of some of Australia’s major movers and shakers as they explore the biggest legal, economic and social issues of our time. Be part of the live audience in person at Monash Law Chambers in Melbourne CBD. You can also choose to watch online via LinkedIn Live.
- The Hon. Mark Dreyfus KC MP, Thursday, 3 November - Register here
- Amanda McKenzie, Thursday, 10 November - Register here
- Karly Warner, Thursday, 17 November - Register here
- Rachel Doyle SC - Thursday 1 December - Register here
Corruption, FDI, Investment Treaties and Arbitration in Thailand and Asia
Held in person and via Zoom on Wednesday, 9 November, this event welcomes Professor Luke Nottage, University of Sydney, who will discuss issues in investor-state dispute settlement (ISDS) arbitration claims, as well as the general problems of corruption and lack of transparency in government, particularly in Asia.
Register here.
2022 Susan Campbell Oration: Fostering Fairness Fighters
The Ombudsman exists to redress the imbalance of power between individual and state – a fundamentally unfair relationship. On Tuesday, 15 November, Victorian Ombudsman Deborah Glass will reflect on fairness, the role of her office in ensuring it and the contributions of countless student interns and young lawyers. This event will be held in person and online via Zoom.
Register here.
How can Artificial Intelligence Combat Disinformation?
Social media use has given rise to many public policy concerns about so-called ‘fake news’: unwitting misinformation and deliberate disinformation. In this Change Makers event, six expert speakers from a variety of backgrounds explore fundamental questions about how Artificial Intelligence, digital technology more broadly and law and public policy can regulate disinformation.
This event, held in person and online on Wednesday, 16 November, is part of an ongoing collaboration between Monash Law and Monash IT focusing on Ethics in AI.
Register here.
The Australian Labour Law Association will hold its national conference in person at Crowne Plaza Coogee Beach, Sydney, on Friday, 11 and Saturday, 12 November 2022.
Academics and practitioners from across Australia and New Zealand will present sessions on a diverse range of topics under the conference theme of The Regulation of Work in a 'COVID-Normal' World.
Professor Douglas Brodie from the University of Strathclyde will deliver the opening keynote address entitled 'Defining Employment: Judicial Conservatism and Legislative Solutions'. Plenary sessions will consider the ongoing challenges of regulating gig workers with representatives from the Transport Workers Union, Uber and Door Dash, and the Aged Care Work Value Case with representatives from the aged care industry and the Health Services Union, along with Professor Emerita Sara Charlesworth.
Registration is available via the conference website here.
The conference dinner on Friday night will provide the opportunity to network and re-establish relationships with colleagues. Tickets are available via the conference website. Accommodation on Friday night is available at a special conference rate for those who book via the conference website.
Legislation Renovation: What Interim Report B means for you
Join the ALRC to examine Financial Services Legislation Interim Report B and its proposed legislative model.
Wednesday, 16 November 2022, at 1:00pm
Register to attend this free online event here.
The 35th LAWASIA Conference is just around the corner in Sydney, 18-21 November 2022.
Visit the conference website to learn more about the program, speakers and moderators as well as registration details and sponsorship opportunities: 35th LAWASIA Conference 2022 – 18-21 Nov 2022 | Sydney, Australia (lawasia2022.com)
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, 3rd November 2022