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In Brief Issue #1082
18Nov
Along with Georgina Schoff KC and Elizabeth Bennett S.C., I met with David Hallowes S.C. in his capacity as Chair of the Criminal Bar Association this week to discuss current topics of concern to criminal practitioners at our Bar. During the year ahead, I am very keen to ensure that their views and concerns are heard by Bar Council, integrated into deliberations, and acted upon. In this regard, the Criminal Bar has excellent representation on the current Bar Council, and we will take full advantage of the skills, experience and insights that are available to us.
While on the topic of Criminal Law, earlier in the week, the Chief Magistrate wrote to the LIV and the Bar about in-person and WebEx court appearances. The purpose of doing so was to call attention to the fact that it is compliance with Practice Direction No 6 of 2022 (PD6) that determines whether or not a matter can be heard via WebEx. In the letter, her Honour states:
There are, pursuant to the Practice Direction, matters within the sole knowledge or assessment of the defence such as whether a CCO or Imprisonment is within range, or whether the accused will appear in person. In these circumstances, the Court provides links for most matters so both modes of appearance can be accommodated expeditiously as the case may require. However, the receipt of a WebEx link from the Court is not automatic permission for appearance by way of WebEx.
For those who practise in the area, I would recommend reading her Honour’s letter. It is available here. It is pleasing to note that the Chief Magistrate recognises the benefits of the new ways of working and would like to continue with the hybrid methods of appearance. However, her Honour is concerned about contravention of PD6. As always, if you have questions or concerns in relation to your matter being heard in person or online, please get in touch with the Court.
Last night marked the first substantive Bar Council meeting of the 2022/23 Bar Council. Among other matters, we discussed the upcoming EOI processes for the appointment of director(s) to the BCL Board and nominees(s) to the Victorian Legal Admissions Committee. Details of how to record your expression of interest for those positions are available in the below notices.
An EOI campaign is now live for the membership of Bar Committees 2023. The deadline for receipt of responses is 5:00pm on Monday, 21 November 2022. I encourage all interested members to submit an expression of interest if they have the time and inclination to serve the Bar in that way.
This morning I attended an excellent presentation about the Uluru Statement from the Heart and Reconciliation, which was delivered by Senator Patrick Dodson, Special Envoy for Reconciliation and the Implementation of the Uluru Statement. I thank the Indigenous Justice Committee for organising the event and Kenneth Hayne AC KC for making some brief but very powerful remarks at the end of the session.
There are five welcome ceremonies next week that members may wish to attend or view online as follows:
Tuesday, 22 November, 9:00am
- Her Honour Magistrate Belinda Franjic and Her Honour Magistrate Natalie Heynes of the Magistrates’ Court of Victoria
Friday, 25 November, 9:00am
- His Honour Magistrate Malcolm Thomas and His Honour Magistrate Jarrod Williams of the Magistrates’ Court of Victoria
Friday, 25 November, 9:15am
- Her Honour Judge Áine Magee of the County Court of Victoria
Details to attend these ceremonies online are provided in the notice below.
Finally, the 2022 CommBar Conference in Albury-Wodonga is off to a flying start. This morning’s session, The State of Commercial Dispute Resolution, Post Pandemic, was a great reminder about how far the profession has come since the beginning of the pandemic. I look forward to hearing more about the conference over the weekend. I would like to take this opportunity to express my thanks to the principal organisers of the conference: Paul Hayes KC, Georgia Douglas, Kieran Hickie, Ella Zauner and Charles Pym. Great work.
Sam Hay KC
County Court of Victoria
A welcome sitting to mark the appointment of Her Honour Judge Áine Magee as a judge of the County Court of Victoria will be held in Ceremonial Courtroom 3.3, Level 3, 250 William Street, Melbourne on:
Friday, 25 November 2022, at 9:15am
Attendees will be required to wear a mask in the public areas of the court and inside the courtroom.
If you are unable to attend in person, the welcome will be live-streamed here.
Magistrates' Court of Victoria
A welcome sitting to mark the appointments of Her Honour Magistrate Belinda Franjic and Her Honour Magistrate Natalie Heynes will be held on:
Tuesday 22 November, 9:00am
The ceremony will be livestreamed via Webex here.
A welcome sitting to mark the appointments of His Honour Magistrate Malcolm Thomas and His Honour Magistrate Jarrod Williams will be held on:
Friday 25 November, 9:00am
The ceremony will be livestreamed via Webex here.
Expressions of interest are sought from members of the Bar who wish to remain on or become a member of one or more of the Bar committees. A copy of the protocol of appointments is accessed here.
It is through the Bar’s committees that a great deal of the work of the Bar as a representative professional institution is done. The selfless contribution of time and effort given by members is a donation of great value to the Bar and the wider community.
All members who have an interest in serving on any of the committees in 2022-2023 must submit an expression of interest, even if they have previously served on the committee. Existing committee members should note that if you do not complete an expression of interest, it will be assumed that you no longer wish to continue your membership of any committee.
You will need to be logged in to the Bar website to express interest.
Click here to express interest.
All practising counsel are invited to express interest. Experience is not a prerequisite to serve on a committee.
Each Bar committee takes seriously its role in advancing the interests of members of the Bar and fulfilling the purposes of the committee. Those seeking election to a committee should, therefore, not underestimate the workload. Click here for a copy of each committee's role descriptions and responsibilities.
The deadline for receipt of expressions of interest is 5:00pm on Monday, 21 November 2022
For any enquiries, please contact Poorva Sabnis: poorva.sabnis@vicbar.com.au.
At its meeting on 10 November 2022, the Bar Council resolved to seek expressions of interest for the positions of Honorary Secretary and Assistant Honorary Secretary.
Click here to express interest.
Expressions of interest must be received before 5:00pm on Thursday, 24 November 2022.
The Honorary Secretary and Assistant Honorary Secretary:
- assist in the administration of membership matters, which includes dealing with applications to sign the Roll of Counsel and transfer requests from existing members;
- interview prospective readers prior to each Readers’ Course;
- attend Bar Council and management meetings of officeholders and staff when required;
- assists the Bar Council Officeholders and members, particularly in respect of the constitutional responsibilities of the Bar Council.
The time required to perform the role varies from week to week. On average, about 3-4 hours should be allocated each week. However, the time required will be greater at certain times during the year, especially when reader interviews are being conducted prior to each Readers’ Course.
Following Mr Sam Hay KC’s appointment as the President of the Victorian Bar on 10 November 2022, he has resigned from the BCL Board.
Appointment of directors to BCL is done in consultation with it. It is important that the directors of BCL have the requisite skills and experience to oversee the management and administration of BCL. Experience and expertise that may be useful includes: experience in corporate governance, business, town planning and/or the property industry. The deadline for receipt of expressions of interest is 5:00pm on Thursday, 1 December 2022. Please direct any interest to Denise Bennett at denise.bennett@vicbar.com.au.
The Victorian Legal Admissions Committee's role is to consider suitability matters and determine whether applicants are fit and proper to be admitted for admission to the Supreme Court.
The Bar is calling for Expressions of Interest from members who wish to participate as the Bar’s representative on the Committee. The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.
Members are required to sit approximately 6-8 times a year at monthly meetings and in addition, special hearings that may be held over consecutive nights.
The appointments are for a term of 3 years and a member will be eligible for reappointment once only.
Please submit your expression of interest, which should identify any relevant areas of experience or expertise, together with a copy of your CV to denise.bennett@vicbar.com.au.
The closing date for Expressions of Interest is 5pm, Thursday 1 December 2022.
Last chance - Nominations for the Victorian Bar Pro Bono Awards close on 30 November 2022
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, former President of the Victorian Court of Appeal, explaining how pro bono assistance provided by barristers makes a difference to vulnerable people in our community.
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.
Indigenous Australians, their cultures and experiences have an important part to play in the legal profession.
As part of the Victorian Bar’s commitment to reconciliation, the Bar conducts a clerkship program for Indigenous law students on an annual basis. Applications for the 2023 Indigenous Clerkship Program are now open. Click here for the application form.
We kindly request that you share this information with your networks and with any Indigenous law students who may be interested in participating.
This year, the Bar is offering up to six paid clerkship positions to Indigenous law students, which will involve four consecutive weeks of rotation at the Bar, the Federal Court of Australia, Supreme Court of Victoria and County Court of Victoria. The Program emphasises the tasks undertaken by barristers and judicial officers. It presents a unique opportunity to see a side of the legal profession that is normally hidden. The Program would be of interest to Indigenous law students considering a career in law, not only as a barrister. Further information about the program can be found here.
Applications close today, Friday, 18 November 2022.
After the closing date, a selection panel will determine all applications in accordance with the criteria indicated in the information booklet, and applicants will be notified accordingly. A sample acceptance letter with additional information is accessible here.
Any enquiries about the application procedure and selection criteria or the clerkship program, in general, may be made to:
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Timothy Goodwin |
03 9225 6323 |
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Chris McDermott |
03 9225 7489 |
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Julian Murphy |
03 9225 7777 |
The Victorian Bar are proud to support the Law Council of Australia’s Commonwealth Law Conference on Friday, 24 February 2023.
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.
Registrations are now open and close 5:00pm, Thursday, 16 February 2023.
The conference theme is "Connections and Coherence in Federal Litigation".
A few of the topics on offer:
- Federal Practice & Procedure
- Industrial Law
- Class Actions
- Taxation and Revenue Litigation
- Merits review and the AAT
- Migration Law
- Privileges and immunities
Click here for more information and to register.
- The 2022 BCL Annual Report is available here.
- 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.
- Handing up Cases in Court – Where Do I Find Those Cases Online? is on 21 November 2022 from 5:15pm-6:15pm. In this seminar, the speakers will explore which reports to use in court, appropriate ways to reference case names, downloading authorised versions etc. This is an online-only event. Click here to RSVP.
- General protections proceedings in the FCFCOA: Strategy and practical tips is on 22 November 2022 from 5:00pm-6:30pm. Prosecuting or defending claims raised under Part 3-1 of the Fair Work Act 2009 (Cth) can be a ‘backbone’ for many who practice in employment and industrial law. Since the passage of that Act, it has also grown to be an important part of the Federal Circuit and Family Court of Australia’s general federal law jurisdiction. In this seminar, the presenters will focus on the strategic and practical aspects of successfully running these claims in the FCFCOA in particular. This is an in-person event only. Click here to RSVP.
- Civil penalty enforcement in the energy sector: the regulators’ view is on 23 November 2022 from 5:30pm-6:30pm. In this CPD, leaders from each regulator will speak to their agency’s recent enforcement experience and outlook, with emphasis on enforcement through civil penalty proceedings. This is an in-person event only. Click here to RSVP.
- So you want to ride in a rodeo? is on 24 November 2022 from 5:15pm-6:15pm. This seminar will discuss the case Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd (2022) 96 ALJR 337; [2022] HCA 11 in detail and the wider ramifications to the law in Victoria for liability for personal injury to participants for recreational activities that are risky. This is an in-person event and will also be available online via livestream. Click here to RSVP.
- Impossible? Or just difficult? – Recent issues in family law expert evidence is on 29 November 2022 from 5:15pm-6:15pm. This seminar will discuss a few recent decisions and the interesting issues arising out of those cases. It will also offer some practical suggestions and reminders for family lawyers when dealing with their own expert evidence dilemmas. This is an online-only event. Click here to RSVP.
- Disaster Legal Help Victoria & the Victorian Bar - Information Session is on 30 November 2022 from 5:15pm-6:15pm. In this seminar, the speakers will discuss the importance of pro bono work and how barristers can assist disaster-affected help-seekers in both immediate disaster recovery efforts and in preparation and mitigation work such as merits advice, community legal education and casework facilitated through Justice Connect’s pro bono portal. 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.
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 5:00pm 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.
MBA has a limited-time offer on Lifespan Fitness & Lifespan Kids products running until 27 November 2022!
Click here for more information.
Click here for the monthly Best Buys!
Please click here for the third important update 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.
This next update focuses on the Evatt List in advance of the commencement of the expanded model on 28 November 2022.
I would appreciate it if you could please circulate this third Update to the Profession (attached) to your members and include it in any newsletters and updates.
The Update has been published on the website here.
The Courts will hold live webinars to provide further important information about the Lighthouse model.
The Courts welcome questions for the presenters in advance, which can be sent to Lighthouse@fcfcoa.gov.au.
Further sessions are scheduled as follows:
Please click here for Practice Direction No. 12 of 2022, which is uploaded to the Magistrates’ Court of Victoria website here.
This Practice Direction outlines the procedure to be followed for making an application in respect of a Support and Engagement Order (SEO) pursuant to the Terrorism (Community Protection) Act 2003. This Practice Direction applies from 16 November 2022.
Please click here for correspondence from Migration & Refugee Division Head, Deputy President Jan Redfern, regarding the revised Migration and Refugee Division Practice Direction.
AIFS are pleased to advise that our final ANROWS research report for the Compliance with and Enforcement of Family Law Parenting Orders project has been published and is now publicly available on the ANROWS website at Compliance with and enforcement of family law parenting orders - ANROWS - Australia's National Research Organisation for Women's Safety.
This page also includes a link to our stage 1 ANROWS research report for the Compliance with and Enforcement of Family Law Parenting Orders project, which explored the views of professionals and judicial officers.
We would also like to take this opportunity to invite you to an upcoming webinar that explores some key insights from this research on 30 November 2022 with lead AIFS researchers Dr Rae Kaspiew and Dr Rachel Carson. Please see the details and registration link here: Parenting Orders: Research on compliance and enforcement and insights from practice | Australian Institute of Family Studies (aifs.gov.au).
Law Library Victoria has librarians onsite at the Richard Griffith Library every week. Our librarians can introduce you to expert commentary, guide you to practical resources, and connect you to the right information.
Barristers can contact the Library at any time via the website contact form.
Staffed hours at the Richard Griffith Library are:
- Wednesdays 9:00-11:00am
- Thursdays 1:00-3:00pm
The Law Library offers the best of both worlds: 24/7 digital access + personalised support.
Would you like to learn more about the role of the duty lawyer in Drug Court and potentially be briefed to appear in those duties?
Victoria Legal Aid (VLA) is delivering training for barristers who are interested in being briefed as duty lawyer in the Magistrates’ Court Drug Court or the County Court Drug and Alcohol Treatment Court. VLA has dedicated legal teams who provide the duty lawyer service to those courts in Ballarat, Dandenong, Melbourne and Shepparton. However, there are times when we are unable to appear and need to brief the duty. These sessions will explore the knowledge and skills required by a duty lawyer in these specialist jurisdictions.
Session 1 – Case conference and review lists
Date and time: Tuesday, 22 November 2022, 5:30pm – 7:00pm
Location: Victoria Legal Aid, 570 Bourke Street, Melbourne (online option available for those unable to attend in person)
This session will cover the role of the duty lawyer in case conference and review lists, including how to prepare for the duty and the unique advocacy skills required.
Session 2 – Sentencing lists - Applications to Cancel and on order offending
Date and time: Wednesday, 23 November 2022, 5:30pm – 7:00pm
Location: Victoria Legal Aid, 570 Bourke Street, Melbourne (online option available for those unable to attend in person)
This session will cover the role of the duty lawyer in sentencing lists, including Applications to Cancel Drug and Alcohol Treatment Orders and sentencing for offences committed whilst on an Order.
Register for one or both sessions: VLA Drug Court Duty Lawyer Essentials
Contact: Elanor Peattie, Managing Lawyer, Therapeutic Courts, elanor.peattie@vla.vic.gov.au or 9280 3740 if you have any queries.
CPD units: The content of this session may meet the CPD needs of barristers in the CPD field of Substantive Law, Practice & Procedure. Barristers may claim one CPD unit for each hour attended (a maximum of 1 unit for each of these events) as per the Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015.
Monday 5 December 2022 at 5:00pm AEDT
Federal Court of Australia, 305 William Street, Melbourne, or via live streaming
This annual lecture celebrates the law reform legacy of the Hon Michael Kirby AC CMG both as the inaugural Chairman of the ALRC and as one of Australia’s leading jurists.
The Attorney-General will deliver the 2022 keynote address of Australia, the Hon Mark Dreyfus KC MP.
Register to attend here.
Make sure you get your ticket today for this opportunity to listen, learn and yarn with Aboriginal leaders, experts, and Palawa Community members. This National conference shines a light on the big topics facing us and First Nations people across Australia. This conference has something for everyone, whether you are in government, health, legal, environment or community organisations. We hope you can join us!
The Conference kicks off on Sunday, 4 December, when delegates will be transported from the Grand Chancellor Hotel Hobart to be driven to experience a Welcome to Country event on Aboriginal land and taste native delicacies from our first and only Aboriginal-owned catering business, Palawa Kipli.
We then have two days of great speakers, workshops, and opportunities to meet Palawa artists and purchase unique and stunning cultural art and jewellery pieces.
The conference will end with a gala dinner and awards evening featuring the sensational band Boil Up!
Major topics include Treaty, Voice, and Truth-Telling; Native Title and Land Rights; Health justice and justice reinvestment; Diversity, Equity, and Inclusion; the over-representation of children and young people in State systems; the failure of Aboriginal heritage and environmental protection laws; intellectual property rights; Climate Change and impacts on sea country; and the challenges facing legal aid and access to justice.
Confirmed speakers include Senator Pat Dobson – Chair of Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs; Michael Mansell – activist, lawyer, and author of Treaty and Statehood; Donnella Mills – Chair of NACCHO and spokesperson for Health Justice; Pat O’Shane – former Magistrate and activist; Pat Turner – CEO of NACCHO and spokesperson for Coalition of Closing the Gap Peak Bodies; Corey Tutt OAM – founder and CEO of Deadly Science; Leah Cameron - principal of Marrawah Law and Aboriginal expert on Australian Heritage Council; Patricia Adjei – Australia Council of the Arts; Corey Tutt OAM – founder and CEO of @DeadlyScience; Jamie Lowe, CEO of National Native Title Council along with Native Title Senior Counsel, Aboriginal lawyers, serving and retired Magistrates; experts and law students; and legal aid practitioners.
Tickets are now on sale at the National Indigenous Legal & Health Justice Conference.
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, 24th November 2022