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In Brief Issue #1091
24Feb
On Monday afternoon, and then again on Thursday, I attended meetings of a working group that I have established to respond to the recommendations directed to the Bar made by his Honour Coroner Simon McGregor in relation to the death of Veronica Nelson. The formation of the group has yet to be formalised by Bar Council but, at this stage, it has on it representatives from the CPD Committee, the Indigenous Justice Committee, the Human Rights Committee, the Readers’ Course Committee and the Criminal Bar Association. Richard Dalton KC has very kindly agreed to chair it. I am hoping to finalise its terms of reference and composition at next week’s Bar Council meeting.
On Tuesday, I attended a meeting of the Police Informants Royal Commission Implementation Taskforce and received an update from various participants as to their progress in implementing the Commission’s recommendations. While there are still a number of outstanding items, much has been accomplished. I also had a productive meeting with the Honourable Chief Justice Anne Ferguson during which we discussed a number of topics of common interest. These kinds of meetings provide us with an excellent opportunity to express our views and receive feedback in a very timely and effective manner. I thank the Chief Justice for making the time to see me.
Wednesday was Denise Bennett’s last day as an employee of the Bar. Over the course of 18 years, with just a few brief gaps along the way, Denise has served the Bar members with skill, dedication, good humour and diligence. Denise started as a temp to help the Bar Office process some practising certificates at a busy time of year and rose from there to end her employment as Executive Assistant to the President and the Bar Council. Over nearly two decades, Denise built a fantastic network across the justice sector and an unrivalled corporate knowledge of our Association. With her partner Ian, Denise now plans to return to England to be closer to family (and the South of France!). On behalf of the Bar, I wish them all the very best for the move and I thank Denise for her remarkable service.
Last night we welcomed speakers and guests for the Law Council of Australia’s Commonwealth Law Conference with some drinks at the Essoign. In anticipation of the conference, earlier in the day, I met with the Bar’s Executive Director Amanda Utt, our Director on the LCA Lachlan Molesworth, LCA President Luke Murphy, and its CEO Dr James Popple. The conference is taking place today and is a tangible reminder of the strong relationship between the Bar and the LCA. The Bar was one of the LCA’s ten founding members at its creation in 1933, and its secretariat was based in Melbourne for 10 years before it relocated to Canberra. Among the LCA’s many committees sit 34 Victorian Bar members who are actively involved in its work.
Also occurring today is an event commemorating List S’ 60th anniversary. The List was first established by Ken Spurr in 1963, eventually becoming known as Gordon & Jackson Barristers Clerks in 1996. Then, in November 2016, the inimitable Anna Svenson became the first female to lead the List and, a year later, Svenson Barristers became its new name. The 60th is List S’s diamond anniversary, and I congratulate its members on the significant milestone. I look forward to attending tonight’s celebration on behalf of the Bar at the Arts Centre.
Next Thursday, I am scheduled to meet with State Opposition Leader John Pesutto MP, and Shadow Attorney General Michael O’Brien MP (who is a member of our Bar). I am looking forward to discussing the Bar’s position on the Human Source Management Bill. That position is clear: lawyers should not be used by police as informants against their clients. We will continue to press this point, respectfully, but very firmly.
Sam Hay KC
Her Honour Judge Janine Young
His Honour Judge Mark Champion
Her Honour Judge Amanda Humphreys
A ceremonial sitting to mark the appointment of her Honour Judge Janine Young, his Honour Judge Mark Champion and her Honour Judge Amanda Humphreys, as Judges of the Federal Circuit and Family Court of Australia (Division 2), will be held in Courtroom 4A, Level 4, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne on:
Thursday, 2 March 2023 at 4:30pm
The ceremonial sitting will be conducted both in person and live streamed.
Please RSVP by COB Friday, 24 February 2023 to Alexandra Butler at Alexandra.Butler@fcfcoa.gov.au.
If you are unable to attend in person, the welcome will be livestreamed here.
Federal Court of Australia
A sitting to mark the retirement of the Honourable Chief Justice James Allsop AC of the Federal Court of Australia will be held on:
Wednesday, 8 March 2023 at 9:30am
Court 1, Level 8, Federal Court of Australia
Please RSVP to Tameea Lock at FCA.Invitations@fedcourt.gov.au.
Due to the anticipated number of attendees it is suggested you allow plenty of time to pass through the security entrance at the Court.
Individuals may choose to wear masks.
County Court of Victoria
A farewell ceremony will be held to acknowledge His Honour Judge James Parrish’s retirement and service to the community.
Judge Parrish’s farewell ceremony will take place in Ceremonial Court 3.3 of the County Court of Victoria, 250 William Street, Melbourne on:
Wednesday, 1 March 2023 at 4:30pm.
All counsel attending are asked to robe.
If you are unable to attend Judge Parrish’s farewell ceremony, you can livestream it via this Zoom link.
The Victorian Bar is seeking expressions of interest from suitably qualified candidates for the role of exam writer for the Victorian Bar Entrance Examination. It is envisaged that the person appointed will assist the current Chief Examiner, Dr Jason Harkess. Applicants should have experience in the teaching and assessment of tertiary law students.
Candidates interested in being considered for this role are invited to submit their expression of interest via this link, addressing the following matters:
- Current experience teaching/lecturing university students undergoing either a Bachelor of Laws, Juris Doctor or Master of Laws degree
- Other relevant prior experience in exam marking, exam review or exam writing
- Experience using online exam software, such as ExamSoft
- Professional development undertaken relevant to exam writing
Expressions of interest close on Monday, 27 February 2023 and will be treated in strict confidence. Enquiries about this role may be directed by email to Miranda Tulloch Miranda.Tulloch@vicbar.com.au
The Bar Council is seeking nominations for one (1) non-Executive LCA Director to the Law Council Finance, Risk & Audit Committee, with expertise relevant to the Committee’s Terms of Reference.
The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here. You are encouraged to provide a detailed expression of interest, which should identify any relevant areas of experience or expertise. This will assist the Bar Council to select the best candidate for the position.
Please forward your expression of interest to policy@vicbar.com.au. The closing date for EOIs is 5:00pm, Friday, 3 March 2023.
Expressions of Interest are sought from members to be nominated by the Bar to the Victorian Government for appointment to the Firearms Appeals Committee.
The Firearms Appeals Committee (the Committee) is an independent statutory appeals body established under section 154(1) of the Firearms Act 1996 (Vic). The function of the Committee is to review firearm licensing decisions of the Chief Commissioner of Victoria Police in the circumstances in which a right to review is given to any person by or under the Act.
The Committee is to consist of 15 persons appointed by the Governor-in-Council. Of the persons appointed to the Committee, there are to be five legal members, five ministerial members and five members from the prescribed shooting organisations.
The Victorian Government has requested the Bar nominate up to five members, of which one may be appointed to the committee for a three-year term with possible reappointment.
Expressions of Interest will be considered by the Executive, in accordance with the Victorian Bar’s external appointments protocol and a recommendation of the requisite three nominations will be provided to the Bar Council for approval at its next meeting.
Please send your Expression of Interest by email to miranda.tulloch@vicbar.com.au. In the email, please provide:
- A copy of your current curriculum vitae (requested by the Minister)
- your expertise that is relevant to the general attributes of the role (which are set out in the position description)
- your previous contribution to or involvement with the Committee, if applicable
The information provided will assist the Bar Council to select the best candidates for the position.
The closing date for Expressions of Interest is 5:00pm, Friday 3 March 2023.
The varied stresses and pressures associated with work at the Bar can often lead to feelings of unease, stress and anxiety. If as a member you continue to experience any kind of professional, financial, or personal stress, it’s important to remember that maintaining good mental health is a vital part of your professional life.
You can always make the most of the resources and services that the Bar offers to members and their families.
Resources
Please visit the Bar's health and wellbeing portal for helpful information, resources, and coping strategies for issues relevant to members.
Counselling
The Bar provides five free, entirely confidential counselling sessions to all barristers and their immediate families. The services are available 24 hours a day, seven days a week. There are two alternatives on this front:
- The team at Re-Vision Group have multiple years’ experience dealing with Bar members, and their issues and concerns. Call 03 9650 5540.
- Converge International is another independent crisis and counselling service delivered by qualified psychologists and counsellors. Call 1300 687 327.
The Victorian Bar News Editorial Committee is calling for contributions for the 2023 Winter edition (No. 173).
The VBN is our Bar’s twice-yearly magazine. While its content is curated by its editorial committee, it is driven by the Bar’s members and friends.
There are no limits around the form, so please let the stories and photographs flow. The committee is always interested in reviews and contributions to Verbatim.
Contributions (and any related questions) should be directed to vbneditors@vicbar.com.au. Earlier in time, contributions are more likely to be published in the coming edition.
Victorian Bar News Editorial Committee
The Women Barristers’ Association and Victorian Women Lawyers are proud to present the 2023 Dame Roma Mitchell Memorial Lunch.
In celebration of International Women's Day, we invite our members and the wider legal community to a two course lunch and in-depth discussion on the 2023 United Nations International Women's Day theme, Cracking the Code: Innovation for a gender equal future.
This annual lunch is held in memory of Dame Roma Flinders Mitchell, the first Australian woman to be appointed Queen's Counsel, judge, chancellor of an Australian university and State Governor.
GUEST SPEAKERS
Jane Caro AM is a Walkley award winning Australian columnist, author, novelist, feminist, public education activist and social commentator. In a past life, she was a multi-award winning advertising copywriter and an academic.
Zoe Condliffe is the founder and CEO of She’s a Crowd, an innovative platform where data activists are compiling a dataset about gender-based violence. She is also a gender advocate and researcher.
For further details, view the event flyer here.
This event is proudly sponsored by Gatehouse Legal Recruitment.
DATE: Thursday, 9 March 2023
TIME: 12:00pm - 2:30pm
LOCATION: Melbourne Town Hall
COST: $120 - Members
$150 - Non-member
$1200 - table of 10
Register here
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 logged into the VicBar website to view these events.
- Mistakes in contracts: correcting by construction, or reconstruction, without rectification is on 27 February 2023 from 5:15pm-6:15pm. This seminar will consider how to correct mistakes in contracts by construction, or reconstruction, without requiring a claim for rectification to be established, how it might be preferable to seeking rectification, and, in particular cases, which mechanism might be required or preferable. This is an in-person event only. Click here to RSVP.
- Mediators Discussion Group is on 27 February 2023 from 5:15pm-6:15pm. This seminar is an opportunity for anyone to raise any topics for discussion arising from a mediation they conducted, or a continuing issue they face in, or anything else they wish to have some peer discussion and input on their mediation. It can draw on experience as a mediator or as counsel for party at mediation and is an important part of a reflective practice. This is an in-person event and via Zoom for barristers only. Click here to RSVP.
- Unconscionable Conduct: the latest in an ever-developing landscape is on 2 March 2023 from 5:15pm-6:15pm. This seminar will be an overview of the unconscionability principles — both at general law and under statute — with a look at key and recent decisions in this ever-developing area. This is an in-person event and will also be available online via livestream. Click here to RSVP.
- Update in Planning, Environment and Land Valuation Law is on 6 March 2023 from 5:15pm-6:15pm. The purpose of the presentation is to provide an update in Planning Environment and Valuation Law and Principles. This will include an update on recent case law developments. This is an online-only event. Click here to RSVP.
- Section 100A, Part IVA and Guardian: insights from the Full Court is on 7 March 2023 from 5:15pm-6:15pm. This CPD is on the recent Full Federal Court decision in Commissioner of Taxation v Guardian AIT Pty Ltd ATF Australian Investment Trust [2023] FCAFC 3. This session will take a detailed look at the case, and consider its significance for the application of section 100A and Part IVA in future disputes. This is an in-person event and will also be available online via livestream. Click here to RSVP.
- Enhancing and transcribing indistinct forensic audio: From problems to solutions? is on 9 March 2023 from 5:30pm-6:30pm. In this seminar, Professor Helen Fraser who is known for her pioneering research in forensic transcription, will review relevant scientific findings and consider how these can be harnessed for forensic purposes — then discuss what reforms are needed to ensure the courts are not 'assisted' by misleading interpretations of forensic audio. This is an in-person event and will also be available online via zoom. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
Are you looking to clear out your wardrobe after the Summer break?
In recognition of International Women’s Day, WBA is conducting a clothing drive for donations to Fitted for Work — an organisation that helps women, non-binary and gender diverse jobseekers experiencing disadvantage secure employment.
Part of their pre- and post-employment services includes providing jobseekers with work-appropriate attire.
Donations of good-quality workwear, including suits, blouses, skirts and pants, as well as shoes in good condition are welcome.
Some of the donations (vintage and designer clothing) are sold to raise funds for the organisation.
In addition, Fitted for Work provides a number of women with good quality second-hand handbags filled with toiletries as a gift; donations of handbags in good condition, and unused toiletries and makeup would also be very welcome.
Items needed as a matter of priority currently are:
Pants and blazers-contemporary styles, black and navy blue, sizes 14-20
Blouses – sleeves preferred, sizes 14-20
Cardigans – neutral and block colours, sizes 12-22
Black shoes – all sizes
Camisoles and tank tops – black, white or nude, all sizes
Mascara
Deodorant
Heel grips and insoles
If you have any of the above that you would like to donate, please deliver them to the following people (please call first, to make sure we are in chambers!) by Friday 10 March 2022.
Sandra Karabidian – 1016 Owen Dixon West (9225 6493) skarabidian@vicbar.com.au
Chapman’s List Barristers – Marked attention: Sandra Karabidian, LG Owen Dixon West (9225 7666)
Following in the footsteps of the successful 'Bar Mums' network, Bar Dads aims to be an informal support network for barrister dads and carers at the Victorian Bar.
We aim to support dads to successfully balance their responsibilities as parents, carers and counsel. If you have a question, need some advice or support, or just want to broaden your networks at the Bar then please consider joining us.
For more information please contact Haroon Hassan.
Bar Dads will hold its first coffee catch-up on Thursday, 9 March at 10:30am at the Essoign.
The Tigers@Law are proud to present their opening event for the 2023 AFL season, The Midfield Muscle Hustle. Come and hear Richmond’s General Manager of Football Talent (List Manager), Blair Hartley talk about all things Richmond including the additions of Tim Taranto and Jacob Hopper to the midfield, Dusty’s pre-season form and the announcement of Dylan Grimes and Toby Nankervis as co-captains for their second year.
Blair came to the Tigers with coach Damien Hardwick approximately 14 years ago. He has been a key player in the development of Richmond’s playing list over that time, and in the on- and off-field success of the current Tiger dynasty. He is an insightful and passionate speaker – this event is not to be missed. All Tiger supporters are welcome.
When: Breakfast, Wednesday, 8 March 2023 between 7:30 – 9:00am
Venue: The Essoign, Level 1, Owen Dixon Chambers East, 205 William Street, Melbourne
Cost: $75 per person. EFT to BSB 033 120 Account No 391844 Account Name ‘Tigers@Law’ (please provide your name in the reference details) or pay cash on the day.
RSVP: to events@greenslist.com.au by Friday, 3 March 2023.
Interested in Tigers@Law events: contact Simon Rubenstein on 9225 7432.
Launch function featuring the great Anthony Koutoufides!
Date: Thursday, 9 March 2023.
Time: 7:30am
Venue: Essoign Club
Cost: $35 per head
Please wear your Carlton beanies, scarves, etc.
Grab your spot by transferring $35 to:
JR3N Pty Ltd
Commonwealth Bank
BSB: 063009
Acc No. 1051 0434
BottledSnail’s small vocal ensemble Choram is planning a couple of short performances of contemporary four-part songs for Law Week (mid May).
Choram is an ad hoc vocal ensemble that periodically gets together to rehearse for 4-6 weeks and then perform at an event. Being able to read music is not necessary, but members must be able to hold a part (with others) in 4-part harmony. We generally rehearse at 6:00pm on a Tuesday night but, the rehearsal schedule is flexible.
If you are interested in joining us for the Law Week performance, please contact Kylie Weston-Scheuber on kylie.weston-scheuber@bottledsnail.com.
Thursday 1:00pm-2:00pm
Term 1 – 2 March to 6 April 2023
Members of the extended Victorian Bar community – barristers, clerks, judicial officers, staff members and friends – are invited to join the fabulous Sue Johnson (of Coco’s Lunch) for a new chapter of the VicBar Choir.
We know Sue can sing so you don’t have to bring anything other than a willingness to have a go and discover or re-discover the benefits of an hour of joy in your working week.
Cost to be advised (depending on numbers) in the range $120 to $180 for the term.
Click here to register your interest.
Dear Essoign Club Members,
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 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.
Click here for the monthly Best Buys!
Click here for a special offer from Goodlife Health Clubs.
New court process focuses on the safety of children and their families by identifying and addressing issues of family violence and other risks.
Lighthouse risk screening and the Evatt List commenced nationally on 28 November 2022. In the first two months since its expansion the Courts have already:
- Sent over 1700 confidential risk screens;
- Completed over 600 confidential case file reviews and triage interviews; and
- Placed over 130 matters on the Evatt List.
This is an encouraging response by parties and the profession as screening at the start of the case will ensure that the Courts can quickly identify, assess and help families impacted by family violence and other family safety risks. The Courts thank the profession for the early support of this important initiative. With the expansion now well underway, the Courts call upon the profession, and those working in the family law sector, to familiarise themselves with this important family safety initiative and to communicate the process and benefits with their clients.
The purpose of this update is to focus on the key benefits of screening, provide frequently asked questions and answers the Courts have received, and advise where to go for further information, resources and training. The Lighthouse (and importantly, its objectives) received widespread support at a launch held in Sydney late last year. A recording of the launch, and a video compilation of the television media coverage, is available from the Courts’ website.
To see the rest of this update click here.
We are very pleased to announce the opening of our 2023 Grants Round!
Our grants are available to non-profit organisations who aim to improve the administration of laws, increase access to justice, improve legal services, pilot innovations and/or inform and educate the wider community about legal services.
What’s on offer?
Successful applicants will receive tailored funding and support.
Multi-year funding is possible. Funding is time limited.
Applications are open so start preparing now!
Read our grants round Guidelines to determine if your project is eligible. If your project is a good fit with our Guidelines then log in to our online portal* to prepare your application.
It's important you arrange to talk with the Grants team in February 2023 to discuss your proposal and receive guidance to help you develop a strong application.
Should you wish to apply, make sure you submit your application via our online portal by Friday, 3 March 2023.
* Please note: we have recently begun using Smarty Grants, an online Grants Management System. This means that for this grants round you will need to create a Smarty Grants account and submit your application online.
The Law Library of Victoria has launched a digital library – granting members access, via terminals in the Richard Griffith Library, to the same digital resources available to the judiciary. Barristers can contact the Library at any time via the website contact form.
The Treaty Negotiation Framework for Victoria
The Australian Academy of Law is holding a panel discussion on Victoria's Treaty Negotiation Framework on Wednesday, 1 March 2023 in Ct No 1 of the Federal Court. It will also be available online.
View the Treaty Negotiation Framework here.
Please click here to view the flyer for more information and to register.
Legal Aspects of the Voice
The Australian Academy of Law is holding a panel discussion on the proposed wording for the constitutional amendment to enshrine an Aboriginal and Torres Strait Islander Voice in the Australian Constitution as well as the overall context and purpose of the amendment, and on the kind of implementing legislation that could be enacted if the amendment is approved. The event is on Wednesday, 15 March 2023 at Norton Rose Fulbright Lawyers, Level 38, 477 Collins Street Melbourne. It will also be available online.
Please click here to view the flyer for more information and to register.
The MCLA is holding its annual Lenten retreat on Sunday 5 March, led by its chaplain Fr Cameron Forbes. Fr Cameron will deliver talks on "Interior Freedom: The secret to living a calm and fulfilling life in times of stress".
Please click here for details.
We are pleased to announce the ALAANZ 2023 Preliminary Program and Registration Brochure is now available. This will be the first time ALAANZ has held an in person conference since 2019 prior to the COVID pandemic. The ALAANZ Council and ALAANZ 2023 Conference Organising Committee are pleased to bring you this conference and have put together a program which will appeal to all.
We hope to see as many ALAANZ members and friends as we can in Sydney this May at the conference. It has been a long time since we have been able to get together with friends & colleagues, to be amongst leaders in the Aviation Law Field, and have the opportunity to discuss topics of interest with one another and network together in a collegial environment. The conference dinner will be held at The Mint in Sydney and is bound to be a memorable night.
We would like to take this opportunity to thank all our Sponsors and Supporters who have assisted ALAANZ to bring you the 2023 conference.
Visit the conference website here.
All registrations are online. Please register online here.
We have the great pleasure to announce that LAWASIA and the Sabah Law Society have officially opened registrations for the 12th LAWASIA Employment Law Conference which will be held as a face-to-face event in Kota Kinabalu (Sabah), Malaysia, from 8 to 10 June 2023.
We are excited to bring together professionals from around the region to discuss the latest developments and trends in employment law. The 2.5-day forum will offer a topical, practical and intensive program, providing lawyers in the region a unique opportunity to expand their knowledge of employment law. With the theme "The New Normal: Employment Law in Asia Pacific in 2023”, the conference's program will comprise of keynote addresses and focused business sessions on practical issues currently topical for employment lawyers across our region, including those with an interest in issues at the interface with commercial law.
Click here to register.
The Courts of the Future Network in conjunction with Monash University Law Faculty & the Victorian Juries Commissioner’s Office will be hosting a conference on Friday, 9 June 2023 at Monash Law Chambers (Melbourne CBD). The theme for the conference is ‘Emerging Challenges in the Management of Sexual Assault Trials.’
Recent high-profile sexual assault trials have highlighted the numerous problems that all participants in the criminal trial process encounter when prosecuting this type of crime.
We are keen to explore the challenges in the management of sexual assault trials, beginning with reporting the crime through to appealing jury verdicts.
Australian and international perspectives will be discussed.
Practitioners and researchers, if you have a unique perspective and you would like to share at the conference, please email the relevant details, including a summary of your proposed contribution and a brief CV to Associate Professor Horan (Jacqui.Horan@monash.edu) before 6 March 2023. Registration details are forthcoming.
The Government is seeking expressions of interest from suitably qualified persons who want to be considered for appointment to the AAT as a full-time Member (Level 2). These members will be appointed for a fixed term of up to two years and the process will be conducted in accordance with the new AAT Appointment Guidelines.
The majority of the new members will work primarily in the Migration and Refugee Division. Some of the appointees will work primarily in the National Disability Insurance Scheme Division or the Social Security and Child Support Division. Vacancies in other divisions may also be filled if the need arises.
All members appointed through this process will transition to the new administrative review body when it is established for the remainder of their terms.
Click here for more information.
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, 2nd March 2023