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In Brief Issue #1093
10Mar
For some reason, this week about 25 people raised with me the content of these In Brief messages. I’ve been struck by just how many people read them (and by how closely they read them). In the last three days alone, two current and two former Chief Justices have spoken to me about recent In Brief messages. In putting in the detail that I do, I aim to inform members about what is occupying us on Bar Council and in the Bar Office. Very often members get in touch with useful information knowing that we are currently focussed on a particular issue or that we are scheduled to have a meeting or attend any event with a particular stakeholder. All of this feedback helps us to respond to members’ concerns more swiftly and to make timely and effective representations to external stakeholders.
On Tuesday morning, I attended the Women Barristers Association Breakfast with the Stars which featured Kylie Weston-Scheuber interviewing Kate Eastman AM S.C. about her long and impressive career with a particular focus on Kate’s human rights work and her current experience as Senior Counsel Assisting the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. Well done to Kylie and the WBA, and thanks very much to Kate. The event was a real success.
Later on Tuesday morning, I met with the Honourable Pamela Tate AM KC about the Preliminary Evaluation Committee (PEC) for this year’s silk application process. Pamela will once again chair the PEC this year. It is a lot of work, and we are very grateful that Pamela is willing to assist us once again. We are aiming to conduct an information session for applicants in late April. We will publish details of the date as soon as it is confirmed.
On Tuesday evening, I attended the James Merralls Fellowship in Law Lecture to introduce this year’s speaker, Justice Stephen Kós of the Supreme Court of New Zealand. His Honour gave a very interesting lecture about the curious dearth of trans-Tasman citation. It was an assessment of why it is that the Australian and New Zealand courts largely ignore each other and was based on an extensive quantitative and qualitative analysis over a 70-year period. My thanks to Justice Kós for delivering the lecture, and to Professor Matthew Harding, Dean of the Melbourne Law School, for co-hosting the event with the Bar.
Wednesday morning saw the farewell sitting for Chief Justice James Allsop AC. His Honour thanked the profession, and particularly the Victorian Bar and the Supreme Court of Victoria, for their support and collaboration during his time as leader of the Federal Court of Australia. On behalf of the Bar, I wished his Honour a long and happy retirement. On behalf of the Victorian District based judges, her Honour Justice Susan Kenny AM thanked the Chief Justice for his remarkable service to the judiciary. It was a very warm and collegiate occasion.
Wednesday evening saw portraits of the Honourable Justice Susan Kenny AM and the Honourable Justice Kate McMillan unveiled in the Peter O’Callaghan QC Gallery. Peter Jopling AM KC gave a fantastic speech about the judges’ remarkable careers and contributions to our Bar, to the law, and to the community.
To cap off Wednesday, I headed to the Commercial Bar Association’s annual cocktail party which was co-hosted by the Federal Court and the Supreme Court. As Chief Justice Ferguson said during her brief remarks, it was great to hear all the noise of colleagues catching up at the event in the lobby of the Federal Court. The last time the event was held was at the beginning of 2020. Stewart Maiden KC took the opportunity to announce that the Executive of CommBar had signed terms of reference for a new bursary which will be awarded based on financial need. It will enable at least one participant in the Student Engagement Committee’s (SEC’s) shadowing program to continue the development of his or her career via a paid work placement with Victorian barristers. This would take place following the conclusion of their participation in the SEC’s shadowing program and is expected to reflect approximately 90 hours of work over a three-month period. It is an excellent initiative, and adds to the Honourable Alan Goldberg AO QC Bursary, which pays for Bar Exam and Readers’ Course fees for successful recipients. Well done to CommBar for arranging such a successful event.
Yesterday morning I welcomed 48 new readers to the first day of the March 2023 Readers’ Course. A number of Bar Councillors and members of the Readers’ Course Committee were also present. I told our new colleagues that our Bar operates on an open-door basis and that they will always be able to find someone to help them if they need it. Please introduce yourself to the new readers if you run into them around chambers.
On Tuesday next week, along with Amanda Utt (Executive Director), I will be meeting President Tania Wolff and Adam Awty (CEO) from the Law Institute of Victoria. We plan to meet quarterly for the balance of the year. On Thursday, I am scheduled to meet with Julian Leeser MP, Shadow Attorney-General and Shadow Minister for Indigenous Australians.
Enjoy the long weekend.
Sam Hay KC
When considering the forum to be utilised by your clients to resolve commercial disputes, members should consider the Bar’s commercial arbitration scheme, VCAS.
VCAS consists of a panel of commercial barristers qualified in arbitration, including 13 silks, who are available to be appointed as arbitrators under the scheme to resolve disputes quickly, affordably and (typically) confidentially under the VCAS’ rules.
Most commercial disputes can be referred to VCAS by agreement of the parties, who are also free to appoint the arbitrator of their choice or to have one appointed by the Bar’s President from the panel at no cost.
Matters having already commenced in a court or VCAT can also be referred to VCAS by consent. The County Court has recently entered into a memorandum of understanding with the Bar to facilitate the referral of that Court’s commercial matters to arbitration (click here to view more information on that Court’s referral scheme).
VCAS arbitrators are subject to capped fees and agree to resolve most matters within 90 to 100 days of their appointment. Parties may also agree to have smaller or more discrete disputes resolved on the papers.
For more information about VCAS click here.
For more information about becoming a VCAS panel member, click here.
The Victorian Bar and the Australian Intercultural Society invite you to the 2023 Iftar Dinner on Wednesday, 29 March 2023. This is an opportunity for all members of the profession to come together to share a meal and learn about the meaning and importance of Ramadan to the Muslim community.
Join us in conversation with barrister Yusur Al-Azzawi and author and CEO of Long Street Advisors, Mohammad Chowdhury. They will be discussing Mohammad's new book ‘Border Crossings’, and his insights into life and faith as a Muslim in contemporary society.
The dinner will be held in the Neil McPhee Room. Tickets are $60 per person and include a two-course meal.
Please RSVP by Wednesday, 2023 here.
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
Help set our priorities for 2023. Click here to tell us what you would like to see BCL focus on.
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.
- Indictable crime in the Children's Court is on 22 March 2023 from 5:00pm-6:00pm. In this seminar, you will learn from experienced advocates about when indictable matters may be uplifted from the Children's Court to higher jurisdictions, what considerations apply to summary jurisdiction applications and what principles apply to children being sentenced in the County or Supreme Courts. This is an online-only event. Click here to RSVP.
- Mediating and negotiating in Testator’s Family Maintenance (TFM) Disputes in the County Court of Victoria is on 23 March 2023 from 5:15pm-6:15pm. In this seminar, barristers Eleanor Coates and Samantha Cipriano draw on their experience as mediators and barristers to present some practical tips in preparing for mediation (as counsel as mediator) and resolving TFM Disputes. This is an online-only event for barristers. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
QT Melbourne is offering Bar members a 10% discount off their best available rate.
To access your special rates view the instructions on the Member Benefits Page.
We have much pleasure in announcing the 2023 LawDons Membership and inviting you to the upcoming LawDons Annual Dinner on Wednesday, 29 March 2023 at the Essoign Club.
Please see the attached membership brochure and invitation.
The night will be an opportunity for members and guests to network with like-minded professionals. A three-course meal and premium beverages will be served.
Special guests are:
- our new Captain, Zach Merrett;
- our new CEO, Craig Vozzo; and
- former Captain and Club Champion, Jobe Watson.
LawDons wishing to attend the Annual Dinner should complete the 2023 Membership form and return it to Cassandra Speranza at the Club (speranza@essendonfc.com.au), as soon possible to avoid disappointment.
Please feel free to circulate the dinner invitation to your Red and Black family, friends, and colleagues who are not associated with the legal profession but may wish to attend. Guest tickets are $250.
The VicBar Choir invites you to join its group. A new term has commenced.
Time: 1:00pm-2:00pm, Thursdays.
Dates: 2 March to 6 April 2023
Cost: $30 a week (Please ask for a discount if you need one) – $150 a term.
For more information, contact the Bar office on 9225 7111 or reception@vicbar.com.au.
Click here for the flyer.
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.
Click here to sign up for The Good Guys Commercial pricing discounts.
Please see Practice Direction No. 1 of 2023, which has been published on the MCV website this morning.
This Practice Direction revokes Practice Direction No. 3 of 2011 (Audio and Visual Standards for Material Presented in Court).
Going forward, this information will be located on the MCV website rather than in a Practice Direction, so that it can be readily updated as the Court’s technology capacity changes over time.
Log in to the Digital Library to access key legal content no matter where you are. An essential resource is The Laws of Australia from Thomson Reuters:
- Complete library of legal principles covering over 330 topics in detail
- Quickly acquaint yourself with unfamiliar areas of law
Areas of law include:
- Administrative Law
- Civil Procedure
- Criminal Procedure
- Criminal Sentencing
- Family Law
- Professional Liability
- Wills and Estate Administration
To access Laws of Australia and other expert commentary in the Digital Library, register and log in to the Law Library website.
Sponsored Content
Brian Lee, former Senior Clerk at 20 Essex Chambers in London together with Nicole O’Hare, Managing Director and Founder of LawConnexion, are delivering two Masterclasses for barristers interested in practice growth, relationship building and better brand recognition.
In March 2023, learn about Mastering Solicitor Client Relationships and in April 2023, discover The Art of Rainmaking and Strategic Networking in the Post Pandemic World.
These Masterclasses are designed for barristers wanting to implement contemporary techniques successfully being used globally and will address growing barristers’ practices locally and overseas.
Click here to view the flyer for more information.
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.
Please click here to view the wording of the Proposed Amendment.
Respect @ work: How to be strategic and meet compliance
with Shirli Kirschner and David Bryson
At the core of the change in the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 is the obligation imposed on the employer or a person conducting a business or undertaking in ensuring their workplaces are free of sexual harassment. This is an opportunity to promote a positive workplace culture.
Session One: For business leaders
15 March 2023 | Online | Register here
- Overview of the changes and obligations
- Leadership, data, safe spaces and resolution of issues – what the Sex Discrimination Commissioner recommends
- Seven key elements for a strategic change and inclusive culture unpacked, including policies, leadership, data and problem solving.
Session Two: For dispute resolution practitioners
22 March 2023 | Online | Register here
Where do the opportunities lie for dispute resolution practitioners including trainers, mediators and investigators and how can you access these opportunities?
- Overview of the changes and obligations
- What are the opportunities for mediators, investigators and trainers
- Steps for moving forward — an action plan
The Royal Historical Society of Victoria has three forthcoming lectures that may be of interest to Vic Bar members.
Lecture 1
Flos Greig, Australia’s First Woman Lawyer.
Iola Matthews
When Grata Flos Matilda Greig walked into her first law school class at the University of Melbourne in 1897, it wasn’t legal for women to become lawyers. But though the legal system did not even recognise her as a person, she won the right to practice and helped thousands of other women access justice. In defying the law, Greig literally changed its face.
This event will both be in person at the RHSV Gallery Downstairs and on Zoom.
Tuesday, 21 March, 5:30pm for 6:00pm
Bookings: Link
Royal Historical Society of Victoria
239 A'Beckett St
Melbourne
(03) 9326 9288, office@historyvictoria.org.au
Lecture 2
Law and Order Under La Trobe: The First Prisons of Port Phillip
Dr Ashleigh Green
The Royal Historical Society of Victoria, in partnership with the C J La Trobe Society, presents the annual A. G. L. Shaw Lecture, delivered by Dr Ashleigh Green, the current La Trobe Society Fellow at the State Library of Victoria.
Dr Green’s fellowship topic is very interesting and, until her current work, little researched. Dr Green has investigated the planning and construction of the first purpose-built penal and psychiatric institutions in the Port Phillip District and Colony of Victoria during the La Trobe administration (1839-1854). Her project provides an in-depth history of the construction and early administration of four of these key institutions, and how they set the precedent for the design and construction of gaols, prisons, and asylums in the colony that came after.
This event is an in-person event.
Tuesday, April 18, 5:30pm for 6:00pm
Bookings: Link
Royal Historical Society of Victoria Gallery downstairs.
239 A'Beckett St
Melbourne
(03) 9326 9288, office@historyvictoria.org.au
Lecture 3
Lessons from History: Colonial Foundations of Criminal Justice in Victoria
The Hon Chris Maxwell AC will deliver the Society’s inaugural Paul Mullaly History and Law Lecture during Law Week 2023.
This lecture will explore the value of legal history, both as a window into social and political history and as an aid to understanding the present state of the law. By way of illustration, the lecture will highlight key aspects of criminal justice in colonial Victoria: jury trials; the role of the trial judge; and early ideas about proof and punishment; drawing on Paul Mullaly’s foundational work Crime in the Port Phillip District 1835-51.
This event will both be in person at the RHSV Gallery Downstairs, and on Zoom.
Tuesday, May 16, 5:30pm for 6:00pm
Bookings: Link
Royal Historical Society of Victoria,
239 A'Beckett St
Melbourne
(03) 9326 9288, office@historyvictoria.org.au
Wednesday, 22 March 2023
8:00am-10:00am
Live streamed to the profession.
The profession and our community are faced with deep challenges and great opportunities. The economic environment into which we emerged from the pandemic is unpredictable, with rising interest rates, a tight labour market, and an unstable international situation. Significant issues face the justice sector – court backlogs, legal assistance funding, and the pressing need for law reform. And our community will be faced with some big questions in 2023, like Indigenous recognition, combatting climate change, and managing the increasing cost of living.
Hear from the Attorney-General, Jaclyn Symes MP, the Chief Justice of Victoria, the Hon. Anne Ferguson and the Victorian Legal Services Board CEO and Commissioner, Fiona McLeay, followed by a panel discussion with representatives from across the legal profession to discuss the Big Issues affecting the profession, access to and the administration of justice.
Register online for free here.
We are pleased to announce the launch of our Psychosocial Risk Webinar Series for 2023.
The series will provide practical information and resources to assist with your organisation’s psychosocial risk management.
Our subject matter experts will also discuss real-life examples regarding how they supported workplaces with psychological risk assessments and showcase findings and lessons learned.
Due to imminent changes in regulations for QLD and Federal Government agencies, the first session will specifically focus on these two jurisdictions. The second session will explore the current state of psychosocial risk nationally, before a session focusing on the changes in Victoria, once announced:
- Session 1: Queensland and Federal Government In-focus (23 March 1:00pm-1:45pm AEDT)
- Session 2: A National Perspective (13 April 12:00pm-12:45pm AEDT)
- Session 3: Victoria In-focus (TBA)
For more information and to register for Session 1 click here.
The Australasian College of Legal Medicine warmly invites you to attend the 2023 Annual Scientific Meeting & Awards Dinner
'Law & Regulation of Healthcare'
25 & 26 March 2023 - Hobart, Australia & Online
(Hybrid Event - Live-streamed & Recorded)
Proudly delivered in association with the
American College of Legal Medicine
Click here to register to attend
PROGRAM HIGHLIGHTS:
- Opening Address - Her Excellency the Honourable Barbara Baker AC, the Governor of Tasmania
- Traps in Governance of Specialist Institutions - Walter Sofronoff KC, Commissioner of Inquiry into Forensic DNA Testing in Queensland
- Regulation of Medical Service Providers in Australia- Professor Roy Beran, Consultant Neurologist
- The National Law: It’s not getting easier - Brad Wright, Barrister
- Creep of Scope Dilemma- Dr Eli Avila, President American ACLM
- Doulas at Birth and Death- Professor Mike O'Connor, Professor of O&G
- The Over-regulation of Healthcare Providers in Australia in view of the recent ATO ruling- Dr David Onu, Forensic Medical Specialist & GP
- Regulating the Individual Practitioner: Building resilience to combat vicarious trauma - Dr Adam Griffin, Director QLD Clinical Forensic Medicine Unit
- The Role of Health Care Providers in the Opioid Crisis- Joe Piorkowski, Defense Attorney (American Guest)
- Vicarious Trauma and the Workplace-Dr Mary Frost, Psychiatrist
- Plus many more!!
Flexible attendance options
The conference program will be both live-streamed and recorded for later viewing to cater for different time zones.
Ticket Cost (AUD)
Live Attendees - $550 ACLM members / $750 non members
Virtual Attendees - $500 ACLM members / $700 non members
Visit our website to register and for more information - www.legalmedicine.com.au
AIFLAM Arbitration Training Course - 5 and 6 May 2023
Sheraton Grand Mirage Resort, Gold Coast
For further information click here.
To download a flyer click here.
AIFLAM NMAS Mediation Course - 8-12 May and 27 May 2023
Sheraton Grand Mirage Resort, Gold Coast
For further information click here.
To download a flyer click here.
The 33rd national conference of The Samuel Griffith Society will be held over the weekend of Friday, 25 to Sunday, 27 August at the Park Hyatt in Melbourne.
Registration is now open and can be completed by returning the registration form by post or by email to Julie at contact@samuelgriffith.org.au or securely online via TryBooking.
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, 16th March 2023