In Brief Issue #1084

2Dec
Sam Hay KC
President

Last Friday evening, I attended the Law Council of Australia’s Gala Dinner in Canberra. Tass Liveris’ term as President of the LCA comes to an end very soon, and several people – including President-elect Luke Murphy – paid tribute to Tass’ substantial contribution to the organisation. At the same event, Kate Eastman AM S.C. was honoured for her commitment to human rights with the bestowal of the 2022 President’s Award. My congratulations go to Kate.

On Monday evening, I attended the launch of Nimal Wikramanayake KC’s book, A Life in the Law: A Memoir at the Essoign. The book is, among other things, an eye-opening account of the racism Nimal experienced in the final days of the White Australia Policy and, sadly, at many times thereafter during his long career. My thanks go to Robert Richter KC for launching Nimal‘s book.

On Tuesday evening there was a special purpose Bar Council meeting at which we made some decisions about the Bar’s IT project. I will be writing to members very soon about this critical project which is about to get underway.

On Wednesday morning, Gina Schoff KC and I met with William Lye OAM KC for an update about the 2022 William Ah Ket Scholarship. It will be awarded later this month in Brisbane by the Hon Justice Sarah Derrington AM. Along with Maddocks and the University of Melbourne, the Victorian Bar is a proud sponsor of the scholarship which is an initiative of the Asian Australian Lawyers Association. While it is a national scholarship, it celebrates a Victorian trailblazer of whom we can all be proud.

Yesterday, I was pleased to appear at the Welcome Ceremony for Judge John Kelly. On behalf of the Bar, I extended my congratulations to him on his appointment as a judge after a varied and very interesting career, which stretched across Victoria, Western Australia, and the Northern Territory.

Nominations for the next Victorian Bar Pro Bono Awards (which are scheduled for March 2023) have closed. A total of 55 nominations were received which was great to see. Thanks to all those who nominated members for awards. Pro Bono work is a real hallmark of our Bar, and it is important to recognise those who put in a special effort to help vulnerable members of the community.

By now, members will have received an invitation to our End of Year Drinks which will take place next Friday, 9 December. The event will be held at the Peter O’Callaghan QC Gallery, Owen Dixon Chambers West. Please RSVP via the email invitation if you can attend.

A welcome for Judge Barbara Myers will be held on Wednesday, 7 December. Details are available in the notice below.

On Thursday, 8 December, the farewell ceremonial sitting for the Hon Justice John Middleton AM will be held. It is sure to be a very well attended event – his Honour is, after all, one of only a few judges to have had one of his directions hearings beamed live on free-to-air television.

Sam Hay KC

Vicbar News & Events
Farewell – The Honourable Justice John Middleton AM

Federal Court of Australia

A farewell ceremony to mark the retirement of the Honourable Justice John Middleton AM as a judge of the Federal Court of Australia will be held on:

Thursday, 8 December 2022 at 9:30am

Court 1, Level 8, Federal Court of Australia

The ceremony will limit attendance to Speakers and invited guests only. For enquiries, please contact Ms Dimitra Argyros by email dimitra.argyros@fedcourt.gov.au

The ceremony will be live-streamed here.

Welcome Ceremonies

County Court of Victoria

A welcome sitting to mark the appointment of Her Honour Judge Barbara Myers as a judge of the County Court of Victoria will be held in Ceremonial Courtroom 3.3, Level 3, 250 William Street, Melbourne on:

Wednesday, 7 December 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.

 

The welcome ceremony for Her Honour Judge Áine Magee originally scheduled for this Friday, 25 November has been postponed.

The new date for Judge Magee’s welcome ceremony is:

Tuesday, 13 December 2022 at 9:15am in Ceremonial Courtroom 3.3, Level 3, 250 William Street, Melbourne.

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.

Uluru Statement from the Heart and Reconciliation: Senator Patrick Dodson

The Indigenous Justice Committee has permission for the Senator Patrick Dodson presentation on constitutional change to be shared publicly. It can be found here. The IJC is grateful to Senator Dodson for comprehensively covering the history of the Uluru Statement from the Heart and the proposed referendum on the Voice. The IJC also thanks the Hon Kenneth Hayne AC for his precise concluding remarks. The presentation is the first in a series on the proposed constitutional change and is open to be viewed by members of the Bar and may be shared with solicitors and the broader community.

Save the Date - 2023 Victorian Bar Dinner

The 2023 Victorian Bar Dinner will be held at the Plaza Ballroom on Friday, 26 May 2023. Be sure to keep the date free in your diary.

Bar Library Request for return of books

The Bar Library Committee requests the urgent return of the Bar Library’s copy of McGregor on Damages and several volumes of the Commonwealth Law Reports taken from the Richard Griffith Library.  The Committee also wishes to remind members that the Richard Griffith Library is a reference library and that books may not be removed from the library save for those that have been clearly marked as available for loan.

Dr Paul Vout KC

Chair

LCA's Commonwealth Law Conference - Melbourne 2023

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 at 5:00pm on 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.

Click here to view the flyer.

BCL Updates
  • 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.
Victorian Bar member CPD and events

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 use of legal academic work by barristers: An introduction to Scholarship for the Legal Community is on 5 December 2022 from 5:15pm-6:15pm. Scholarship for the Legal Community provides an online platform from which to access recent pieces of doctrinal academic research, in the hope of addressing this gap by making high quality academic work more accessible to barristers, and consequently, the courts. In this CPD, the presenters will explain the origins of the platform, introduce the platform and make some observations about how it may be used by Counsel. This is an online only event. Click here to RSVP.
     
  • Australian Consumer Law - 2022 in review is on 6 December 2022 from 5:15pm-6:15pm. This presentation will discuss recent developments, emerging trends, legislative changes and caselaw updates from 2022 in Australian Consumer Law. 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 8 December 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.
     
  • Climate change litigation in Australia is on 12 December 2022 from 5:15pm-6:15pm. In this CPD, the speakers will discuss an overview of climate change litigation in Australia, recent and emerging themes in Australia and globally and particular issues arising in climate change litigation. This is an in-person event only. Click here to RSVP.
     
  • Defamation After Defteros is on 13 December 2022 from 5:15pm-6:15pm. In this CPD, counsel from the Defteros decision will speak and there will be further discussion about the recent and proposed defamation reforms. This is an in-person event only. Click here to RSVP.
     
  • Preparing and running a contested hearing in child protection proceedings is on 15 December 2022 from 5:00pm-6:30pm. In this seminar there will be a discussion on the practicalities and technicalities of preparing and appearing at the contested hearing stage of a child protection proceeding. This seminar is a must for all those wishing to enhance their efficiency, effectiveness and advocacy skills at this critical hearing. 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.

Vicbar Life
Rainbow Drinks at the Victorian Bar and Pride in Law

The Bar’s LGBTQ Social Group has excitedly teamed up with Pride in Law to host its Rainbow Drinks End of Year Party, on Wednesday, 14 December (5:30pm-7:30pm) in the Essoign.

Tickets are available here until 5:00pm on Monday, 12 December

The theme (and optional dress code) is “Resort”.

This event is also open to solicitors and partners of legal professionals are most welcome.

Queries: John Heard (john.heard@vicbar.com.au) / Beth Warnock (beth.warnock@vicbar.com.au)

Studio 11 Exhibitions

Phantom of the Opera Plays to the Fish #4

Studio 11 is proud to have secured a new, one off piece by FRED COLLA, Phantom of the Opera Plays to the Fish #4, on show at Level 11, Owen Dixon Chambers East, which is available for sale in its original form (acrylic on canvas) and also in limited edition print on canvas or paper. The work is stimulating, dynamic and reflective and well worth a study. Click here for information on the piece. Enquiries may be made directly to the artist at colla1@bigpond.com or 0401 718 908.

Studio 11 End of Year Exhibition

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 Club

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

Member Benefits portal for Bar members

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 currently have a limited-time offer running 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 information on Black Friday sales.

Click here for the monthly Best Buys!

Practice & Profession News
Updated resource – Scholarship for the Legal Community

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, tort law and family violence has been added to the collection.

Among recent highlights:

Richard Griffith Library

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.

Profession CPD & Events
Wigs & Gowns Annual Sailing Day - Sunday, 12 February 2023 at the Royal Melbourne Yacht Squadron (St Kilda)

Notice of Sailing Day

Wigs & Gowns Squadron

Neil R McPhee QC Trophy and the Thorsen Trophy

Hosted by the Royal Melbourne Yacht Squadron on the waters of Port Phillip off St Kilda pier on Sunday, 12 February 2023.

Click here to view the flyer for more information.

Australian Law Reform Commission Inaugural Michael Kirby Lecture

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.

The Convention on the Judicial Sale of Ships

The arrest of ships is “the lynchpin of a fair and efficient mechanism of international enforcement of maritime obligations”.* 

The efficacy of this procedure is enhanced if there is cross-jurisdiction recognition of the judicial sale of ships under arrest.  The Convention on the Judicial Sale of Ships began as a project of the CMI and, on 30 June 2022, The United Nations Commission on International Trade Law (UNCITRAL) approved the current draft of the Convention.  Where are we at with the current draft?  What does this mean for Australian lawyers and their clients?

Wednesday, 7 December 2022, 5:00pm for a 5:15pm start

Speakers:
The Hon Justice Sarah Derrington — Federal Court of Australia
Associate Professor David Goodwin — Victorian Bar and Victoria University

Chaired by:
Matthew Harvey KC, Chair of the Victorian Branch of MLAANZ

Hosted by:
The Federal Court of Australia and the Maritime Law Association of Australia and New Zealand (Victorian branch)

Venue:
Court 6A, Commonwealth Law Courts Building, 305 William Street, Melbourne

Registration:
By 2 December 2022.  Please email MLAANZ Administrator, Anne Chahwan, at annie@vicbar.com.au 

This is a free event.

* Allsop CJ’s foreword to the 4th edition of Cremean’s Admiralty Jurisdiction

Melbourne Catholic Lawyers’ Association Christmas Drinks

The Melbourne Catholic Lawyers’ Association invites members of the Bar to its Christmas Drinks from 5:30pm to 7:00pm on Wednesday, 7 December 2022, at the Essoign Club.

All are welcome to join us for this celebration. For more information, click here.

Careers & Opportunities
Expression of Interest now open - Casual Sessional Teaching

Monash Law is one of Australia's largest and most dynamic law schools. We invite Expressions of Interest in working with our team of experienced educators and leading academics.

As a casual (sessional) academic staff member, you are an important part of the faculty’s teaching program. You will assist the Law Faculty in maintaining high quality in teaching and learning, satisfy students’ learning requirements for units and courses, and increase flexibility in subject offerings.

You are encouraged to submit an Expression of Interest application if you have obtained an Australian law degree with excellent results, have relevant experience and have the capability to work within our teaching teams. Casual work may be available in lecturing, tutoring and marking in private and public law units and clinical offerings.

Please contact us via the Expression of Interest portal.

In Brief submissions

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, 8th December 2022