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In Brief Issue #1085
9Dec
On Monday, I met with Sally Flynn KC, Vice Chair of the Criminal Bar Association, to speak about the problems currently facing the Criminal Bar. Among other things, we discussed the Senior Counsel Consultation Panel Pilot, a joint initiative between the Director of Public Prosecutions and the Criminal Bar Association, supported by the Office of Public Prosecutions and Victoria Legal Aid. The Panel provides on the spot support to barristers if they feel they have experienced judicial bullying or otherwise unreasonable or disrespectful behaviour by judicial officers while appearing in the Courts. The primary focus of the Panel is support, rather than complaint. It is run in tandem with the existing Judicial Commission complaints process, with a practitioner still able to make a complaint to the Judicial Commission, or raise the matter with me, as President of the Bar. Details about the Pilot Program can be found here.
On Tuesday evening, I attended the Bar Council Strategy meeting, followed by a dinner at the Essoign. There is a really good mix of people on this year’s Council. Some are just learning the ropes; others are old hands. As Darryl Burnett said to everyone at the dinner, all the current Bar Councillors are clearly motivated by a desire to make the Bar a better place. Our debates have been respectful and productive, and I am sure we will continue in that vein in the year ahead. I left the dinner feeling very lucky to have been given the chance to lead such a great group of people.
Wednesday saw the welcome ceremony for Judge Barbara Myers of the County Court. The ceremony was very well attended, and I wished Judge Myers all the best on her appointment to the Bench. I am sure she will serve with real distinction and her usual understated efficiency.
Thursday was quite a big day. I was honoured to speak at the farewell ceremonial sitting for the Honourable Justice John Middleton AM. His Honour has had a truly distinguished career in our profession for 45 years. He has been a true servant to, and friend of, our Bar. I wish him all the best for his retirement.
Thursday also saw the final Bar Council meeting of the year. Bar Councillors received a briefing from the Hon John Digby KC (Chair of BCL) and Paul Clark (CEO) about current issues facing BCL. We also settled the composition of the Bar’s Committees for the coming year. I would like to thank all members who submitted an EOI. In making decisions about who to appoint to various committees, we do our best to strike the right balance between renewal and continuity. I’m sure we do not always get it right. It is a really challenging task given the number of appointments we must make, and the high quality and number of applications we receive. I congratulate those who have been appointed. If, however, you have not been appointed, please do not be disheartened. Please apply again next year and look to contribute in other ways in the interim. On Bar Council, we really appreciate those who are willing to serve our college in any way they can.
Thursday evening was capped off with a very short speech I gave at the March 2022 Readers and Mentors Dinner. I spoke about the important role informal advice, guidance, and mentorship play in a barrister’s life at beginning of their career at the Bar. The Honourable Chris Maxwell AC gave an excellent speech which included reference to the doubts he had very early in his career. It was refreshing to hear such a candid, human account from someone with such an illustrious CV. I’m sure the new readers enjoyed it.
As many of you would now know, one of our most eminent members, Julian Burnside AO KC, was badly injured in a fall from a veranda earlier this week. His wife, renowned visual artist Kate Durham, has asked Julian’s clerk, Jane King, to covey her great appreciation for the overwhelming volume of correspondence she has received from people enquiring after Julian’s wellbeing. However, she has also asked for those enquiries to cease while Julian recovers. Jane has very kindly agreed to provide further updates in due course. On behalf of our members, I wish Julian a speedy recovery and, through Jane, I have offered to provide any assistance that may be required from the Bar.
Next week, there will be a welcome ceremony for Her Honour Judge Áine Magee on Tuesday, 13 December 2022 at 9:15am. Further details are in the notice below.
Finally, I look forward to seeing those attending the End of Year drinks this evening in the Peter O’Callaghan QC Gallery. The event will get underway at 5:00pm. I hope to see you there.
Sam Hay KC
The Victorian Bar Council is delighted to invite members of the Bar and bench to the Victorian Bar End of Year Drinks.
5:00-6:30pm, Friday, 9 December 2022.
Peter O'Callaghan QC Gallery, Owen Dixon Chambers West.
Click here to register.
County Court of Victoria
The welcome ceremony for Her Honour Judge Áine Magee will be held on 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.
The Victorian Bar office and Victorian Bar Mediation Centre will close for the Christmas-New Year holidays at 5:00pm on Friday, 23 December 2022. The Bar office and Mediation Centre will reopen at 9:00am on Monday, 9 January 2023.
We wish you and your family a safe and happy festive season.
The Victorian Bar has an exciting opportunity for a Senior Executive Assistant to support the President, Bar Council and Executive Director.
For a confidential discussion, please contact Miranda Tulloch at 03 9225 6104.
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.
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.
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.
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.
- 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.
- 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.
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.
Queries: John Heard (john.heard@vicbar.com.au) / Beth Warnock (beth.warnock@vicbar.com.au)
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.
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 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.
The High Court Amendment (Forms and Other Matters) Rules 2022 were registered on the Federal Register of Legislative Instruments on 21 November 2022.
The Amendment Rules update references to the Sovereign in the court forms to reflect the ascension of King Charles III and make provision for the Court to remove the court forms from the High Court Rules 2004 and to prescribe the forms instead by Practice Direction.
The Amendment Rules also implement the 4% increase to the scale of costs recommended by the Joint Costs Advisory Committee in its Fifteenth Report. The amendments to the scale of costs in Schedule 2 will apply in relation to all work done and services performed by solicitors after 1 January 2023.
Please click the relevant links to view the Amendment Rules and the Explanatory Statement which provides more detail about each amendment.
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:
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.
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.
The Office of Public Prosecutions Victoria is currently seeking expressions of interest from legal practitioners with experience in criminal law and advocacy, and a passion for the administration of justice, to apply for Senior Crown Prosecutor and Crown Prosecutor positions.
This is an exciting opportunity for suitably qualified and experienced barristers to undertake and support criminal prosecutions on behalf of the Victorian community.
Crown Prosecutors perform a vital role in the criminal justice system, appearing on behalf of the Director of Public Prosecutions in criminal trials and appeals and providing legal advice to the Office of Public Prosecutions.
The successful applicant/s will prosecute and advise on serious crimes, appear in a wide range of matters in all criminal jurisdictions, including regional courts.
Persons considering applying for this position should note that commensurate positions may be filled within 12 months of the completion of the process without any further advertisement.
The successful appointee(s) will have access to flexible working conditions. Salary will be commensurate to relevant experience.
Applications close: 11:59pm, Sunday, 5 February 2023, please click on the link for further information.
Disaster Legal Help Victoria (DLHV) are seeking expressions of interest to fill the Senior Policy and Projects Officer role one day per week to backfill reduced days of the substantive role holder within Disaster Legal Help Victoria.
Click here for more information on the role and to express your interest.
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.
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, 15th December 2022